Full text of "Senate Report 93-549: Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency; Report of the Special Committee on the Termination of the National Emergency"

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93d Congress 1
1st Sessio7i j

SENATE

Report
No. 93-549

EMERGENCY POWERS STATUTES:
Provisions of Federal Law
^Noav in Effect Delegating to the
Executive Extraordinary Authority
in Time of National Emergency

REPORT

OF THE

SPECIAL COMMITTEE ON THE
TERMINATION OF THE
NATIONAL EMERGENCY
UNITED STATES SENATE

NOVEMBER 19, 1973

24-509 O

U.S. GOVERNMENT PRINTING OFFICE
"WASHINGTON • 1973

SPECIAL COMMITTEE ON THE
TERMINATION OF THE NATIONAL EMERGENCY

FRANK CHURCH, Idaho Co-Chairmen
PHILIP A. HART, Michigan
CLAIBORNE PELL, Rhode Island
ADLAI E. STEVENSON III, Illinois

CHARLES McC. MATHIAS, Jb., Maryland
CLIFFORD P. CASE, New Jersey
JAMES B. PEARSON, Kansas
CLIFFORD P. HANSEN, Wyoming

WILLIAU G. M1LLEB, Btaff Director
Thomas A. Dine, Professional Staff

(ID

FOREWORD

Since March 9, 1933, the United States has been in a state of declared
national emergency. In fact, there are now in effect four presiden-
tially proclaimed states of national emergency: In addition to the
national emergency declared by President Roosevelt in 1933, there are
also the national emergency proclaimed by President Truman on De-
cember 16, 1950, during the Korean conflict, and the states of national
emergency declared by President Nixon on March 23, 1970, and
August 15, 1971.

These proclamations give force to 470 provisions of Federal
law. These hundreds of statutes delegate to the President extraor-
dinary powers, ordinarily exercised by the Congress, which affect the
lives of American citizens in a host of all-encompassing manners. This
vast range of powers, taken together, confer enough authority to rule
the country without reference to normal constitutional processes.

Under the powers delegated by these statutes, the President may :
seize property; organize and control the means of production; seize
commodities; assign military forces abroad; institute martial law;
seize and control all transportation and communication ; regulate the
operation of private enterprise ; restrict travel ; and, in a plethora of
particular ways, control the lives of all American citizens.

With the melting of the cold war— the developing detente with the
Soviet Union and China, the stable truce of over 20 years duration
between North and South Korea, and the end of U.S. involvement in
the war in Indochina — there is no present need for the United States
Government to continue to function under emergency conditions.

The Special Committee on the Termination of the National Emer-
gency was created 1 to examine the consequences of terminating the de-
clared states of national emergency that now prevail; to recommend
what steps the Congress should take to ensure that the termination can
be accomplished without adverse effect upon the necessary tasks of gov-
erning; and, also, to recommend ways in which the United States can
meet future emergency situations with speed and effectiveness but
without relinquishment of congressional oversight and control.

In accordance with this mandate, the Special Committee — in con-
junction with the Executive branch, expert constitutional authorities,
as well as former high officials of this Government — is now engaged

1 S. Res. 9, 93d Cong., 1st Seas.

(iii)

in a detailed study to determine the most reasonable ways to restore
normalcy to the operations of our Government.

A first and necessary step was to bring together the body of statutes,
which have been passed by Congress, conferring extraordinary
powers upon the Executive branch in times of national emergency.
This has been a most difficult task. Nowhere in the Government, in
either the Executive or Legislative branches, did there exist a com-
plete catalog of all emergency statutes. Many were aware that there
had been a delegation of an enormous amount of power but, of how
much power, no one knew. In order to correct this situation, the
Special Committee staff was instructed to work with the Executive
branch, the Library of Congress, and knowledgeable legal authorities
to compile an authoritative list of delegated emergency powers.

This Special Committee study, which contains a list of all provisions
of Federal law, except the most trivial, conferring extraordinary
powers in time of national emergency, was compiled by the staff under
the direction of Staff Director William G. Miller, and Mr. Thomas A.
Dine ; utilizing the help of the General Accounting Office, the Ameri-
can Law Division of the Library of Congress, the Department of
Justice, the Department of Defense, and the Office of Emergency
Planning.

The Special Committee is grateful for the assistance provided by
Jack Goldklang of the Office of Legal Counsel, Department of J ustice ;
Lester S. Jayson, the director of the Congressional Kesearch Service
of the Library of Congress; Joseph E. Koss, head of the American
Law Division of CKS ; and especially Raymond Celada of the Ameri-
can Law Division and his able assistants, Charles V. Dale and Grover
S. Williams ; Paul Armstrong of the General Accounting Office ; Linda
Lee, Patrick Norton, Koland Moore, William K. Sawyer, Audrey
Hatry, Martha Mecham, and David J. Kyte.

The Special Committee will also publish a list of Executive Orders,
issued pursuant to statutes brought into force by declared states of
emergency, at a later date.

Charles McC. Matiiias, Jr.
Frank Church,

Co-Chairmen.

CONTENTS

Page

Foreword III

Introduction:

A — A brief historical sketch of the origins of emergency powers now in

force 1

B — Summary views of the present status of emergency powers statutes, 6
Textual Note:

Compiling the texts of emergency power statutes 15

Summary of statutes delegating powers in time of war or national
emergency:

United States Code :

Title 2 17

5 _ 17

7 18

8 _ 18

10_ _ 19

12__ _ _ 29

14 _ _ 29

15. _ _._ 30

16_ _ 30

18 _ 31

19 32

20 _ __ 32

22 •_ _ 33

25... 33

26.. _ 33

29 34

31_. _ _ _ 34

32 34

33 _ 35

35.. 35

37 35

38 36

40 _ 36

41 _ 37

42.... _ 37

43. _ _ _ 38

44 39

45.. 39

46 _ 39

47.. _ __ 41

49 _ _. 41

50... 42

50 App 43

Public Laws, enacted by:

68th Congress 47

69tb Congress _ 47

71st Congress 48

72d Congress 48

74th Congress 48

75th Congress 49

79th Congress 50

80th Congress 50

81st Congress 50

82d Congreas 51

(V)

"Summary of statutes delegating powers in time of war or national
emergency — Continued

Public Laws, enacted by — Continued P»f»

83d Congress _ 51

84th Congreas 54

85tb Congress 58

86tb Congress _ 60

87th Congress " 61

88th Congress _ 61

89th Congress __ _ 62

91st Congress 62

92d Congress 62

Texts of statutes delegating powers in time of war or national emergency:
United States Code, Title 2 — The Congress:

2 U.S.C. 198. Adjournment. 65

United States Code, Title 5 — Government Organizations and Em-
ployees :

5 U.S.C. 701. Application; definitions — 65

702. Right of review. 66

3101. General authority to employ. 66

3326. Appointments of retired members of the Armed
Forces to positions in the Department of

Defense 68

5305. Annual pay reports and adjustments 69

5335. Periodic step-increases 70

5532. Employment of retired officers of the uniformed
services ; reduced in retired or retirement pay ;

exceptions 71

5564. Travel and transportation; dependents; house-
hold and personal effects; motor vehicles;
sale of bulky items ; claims for proceeds ;

appropriation chargeable 72

8332. Creditable service . 74

United States Code, Title 7 — Agriculture:

7 U.S.C. 1158. Suspension of quota and authorization provi-

sions 76

1332. National marketing quota 78

1371. General adjustment of quotas 79

1743. Reduction of set-aside 80

1903. Limitations on Government procurement and
price support; modification during national
emergency ; statement of eligibility, 81
United States Code, Title 8— Aliens and Nationality:

8 U.S.C. 1182. Excludable aliens __ 82

1185. Travel control of citizens and aliens during war

or national emergency 82

1440. Naturalization through active-duty'service in
the Armed Forces during World War I
World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hostili-
ties— _ gg

1440e. Exemption from naturalization fees for aliens
naturalized through service during Vietnam
hostilities or other subsequent period of
military hostilities; reports by clerks of courts
to Attorney General QA

1442. Alien enemies \ jj!*

148 1 . Loss of nationality by nati ve-bo~raor naturahied
citizen; voluntary action; burden of nranf-
presumptions F * g

VII

Uaited'States Code, Title 10— Armed Forces:

10 U.S.C-il23. Suspension of certain provisions of law relating

to reserve commissioned officers 89

125. Functions, powers, and duties; transfer, reas-
signment, concolidation, or abolition 90

142. Chairman 91

143. Joint Staff 92

262. Purpose.- __ 93

263. Basic policy for order into Federal service 94

269. Ready Reserve: placement in; transfer from__ 95

271. Ready Reserve: continuous screening 96

331. Federal aid for State government __ 96

332. Use of militia and Armed Forces to enforce

Federal authority 97

333. Interference with State and Federal laws 97

334. Proclamation to disperse 97

351. During war or threat to national security 97

506. Regular components: extension of enlistments

during war 98

511. Reserve components: terms 99

519. Temporary enlistments: during war or emer-
gency 100

565. Warrant officers: suspension of laws for promo-
tion or mandatory retirement or separation

during war or emergency 101

599. Warrant officers: suspension of laws for promo-
tion or mandatory retirement or separation

during war or emergency 101

671a. Members: service extension during war 101

671b. Members: service extension when Congress is

not in session 101

672. Reserve components generally 103

673. Ready Reserve 104

674. Standby Reserve 106

675. Retired Reserve 107

679. Active duty agreements 107

681. Reserves: release from active duty 108

687. Non-Regulars: readjustment payment upon in-
voluntary release from active duty 108

712. Foreign governments: detail to assist 110

802. Art. 2. Persons subject to this chapter 112

843. Art. 43. Statute of limitations 113

871. Art. 71. Execution of sentence; suspension of

sentence 114

1035. Deposits of savings 115

1161. Commissioned officers: limitations on dismissal. 116

2231. Purpose -- 116

2233. Acquisition 117

2235. Administration; other use permitted by Secre-

tary 118

2236. Contributions to States ; other use permitted by

States 118

2304. Purchases and contracts: formal advertising;

exceptions 119

2542. Equipment for instruction and practice: Amer-
ican National Red Cross 123

2602. American National Red Cross; cooperation and

assistance 123

2604. United Seamen's Service: cooperation and as-
sistance 124

VIII

Texts of statutes delegating power in time of war or emergency — Continued
United States Code, Title 10— Armed Forces— Continued

10 U.S.C. 2632. Transportation to and from certain places of pa|*
employment

2663. Acquisition 7—

2664. Acquisition of property for lumber production- i^/

2667. Leases: non-excess property

2674. Establishment and development of military

facilities and installations costing less than
$300,000 -----

2733. Property loss; personal injury or death; incident

to noncombat activities of Department of
Army, Navy, or Air Force -- -r

2734. Property loss; personal injury or death: inci-

dent to noncombat activities of the Armed
Forces; foreign countries 131

3031. Composition: assignment and detail of mem-
bers of Army and civilians 133

3034. Chief of Staff : appointment; duties _-- 134

3062. Policy; composition; organized peace establish-

ment 135

3063. Basic branches -- 136

3201. Army: members on active duty 136

3202. Army: officers in certain commissioned grades. 137
3313. Suspension of laws for promotion or mandatory

retirement or separation during war or emer-
gency 138

3444. Commissioned officers: during war or emer-

gency 139

3445. Officers: additional appointment during war or

emergency 139

3500. Army National Guard in Federal service: call.- 140

3741. Medal of Honor: award 140

3742. Distinguished Service Cross: award 141

3746. Silver Star: award 141

3750. Soldier's Medal: award; limitations 142

4025. Production of supplies and munitions : hours and

pay of laborers and mechanics 142

4501. Industrial mobilization: orders; priorities; pos-

session of manufacturing plants; violations.. 142

4502. Industrial mobilization: plants; lists; Board on

Mobilization of Industries Essential for

Military Preparedness 143

4742. Control of transportation systems in time of

war 143

4776. Emergency construction: fortifications 144

4780. Acquisition of buildings in District of Columbia. 144
5081. Chief of Naval Operations: appointment; term

of office; powers; duties 144

5201. Commandant: appointment; term; emoluments. 145

5231. Navy positions: admirals and vice admirals 146

5232. Marine Corps positions: general and lieutenant

general 146

5234. Suspension provision 147

5402. Regular Marine Corps: total; enlisted members I 148

5447. Navy: line officers on the active list; permanent

grade 14g

5448. Marine Corps: officers on the active list; perma-

nent grade 15q

5449. Navy: staff corps officers on the active list-

permanent grade _ '

5450. Regular Navy: retired flag officers "on "active

duty j 53

5451. Suspension: preceding sections 153

10 U.S.C. 5597. Navy and Marine Corps: temporary appoint- paB«
ments in time of war or national emergency. _ 153

5598. Naval Reserve and Marine Corps Reserve :

temporary appointments in time of war or
national emergency 154

5599. Medical Corps: acting appointments for tempo-

rary service 155

5662. Suspension: preceding sections 155

5711. Suspension and exceptions: preceding sections., 156

5785. Suspension: preceding sections 157

5787. Temporary promotions in time of war or

national emergency 157

5982. Ships and squadrons: detail of retired officers to

command _ 160

6241. Medal of Honor 161

6242. Navy Cross 161

6244. Silver Star Medal 161

6246. Navy and Marine Corps Medal 162

6386. Suspension: preceding sections __ 162

6408. Navy and Marine Corps; warrant officers; W-l:

limitation on dismissal — 163

6481. Retired officers of the Regular Navy and

Regular Marine Corps: authority to recall 163

6482. Retired enlisted members of the Regular Navy

and Regular Marine Corps : authority to
recall 163

6485. Members of the Fleet Reserve and Fleet Marine

Corps Reserve: authority to recall 164

6486. Members of the Fleet Reserve and Fleet Ma-

rine Corps Reserve: release from active duty. 164

6487. Retired rear admirals: retired pay after 2 years

of active duty 164

6911. Aviation cadets: grade; procurement; transfer. 165
7224. Transportation on naval vessels during war-
time 165

7722. Stay of suit 165'

7724. Stay of proceedings for taking evidence, before

suit is filed 166

7727. Duration of stay 166

8031. Composition: assignment and detail of members

of Air Force and civilians 168

8034. Chief of Staff : appointment; duties... 169

8202. Air Force: officers in certain commissioned

grades 170

8212. Regular Air Force; Air Force Reserve; Air
National Guard of United States: strength

in grade; temporary increases 171

8257. Regular Air Force: aviation cadets; qualifica-
tions, grade, limitations 171

8313. Suspension of laws for promotion or mandatory
retirement or separation during war or

emergency 172

8395. During war 172

8444. Commissioned officers: during war or emer-

gency 172

8445. Officers: additional appointments during war

or emergency 173

8500. Air National Guard in Federal service: call 173

8741. Medal of Honor: award 173

8742. Air Force Cross : award 174

8746. Silver Star: award 174

8750. Airman's Medal: award; limitations 175

Texts of statutes delegating power In time of war or emergency — Continued

United States Code, Title 10— Armed Forces—Continued PaK6

10U.S.C. 9022. Contract surgeons -- 175

9025. Production of supplies and munitions: hours

and pay of laborers and mechanics J 'j?

9441. Status: support by Air Force; employment i'*>

9501. Industrial mobilization: orders; priorities; pos-

session of manufacturing plants; violations-- 17o

9502. Industrial mobilization: plants; lists; Board on

Mobilization of Industries Essential for Md-

itary Preparedness J*,?

9591. Utilities: proceeds from overseas operations^- 178
9742. Control of transportation systems in time of

war 178

9773. Acquisition and construction: air bases and

depots J 78

9776. Emergency construction : fortifications 180

9780. Acquisition of buildings in District of Columbia. 180
United States Code, Title 12— Banks and Banking:

12 U.S.C. 95. Emergency limitations and restrictions on busi-
ness of members of Federal Reserve System. 180
95a. Regulation of transactions in foreign exchange
of gold and silver; property transfers; vested

interests, enforcement and penalties 181

249. Regulation of consumer credit 191

635. Powers and functions of bank 192

1425a. Liquidity requirements 195

1703. Insurance of financial institutions 197

1705. Allocation of funds 203

1748b. Insurance of mortgages 203

United States Code, Title 14— Coast Guard:

14 U.S.C. 3. Relationship to Navy Department. _ 204

214. Original appointment of temporary officers 204

275. Wartime temporary service promotions 205

331. Recall to active duty during war or national

emergency 206

359. Recall to active duty during war or national

emergency 206

367. Detention beyond term of enlistment 206

371. Aviation cadets; procurement; transfer 207

491. Medal of Honor, _ 208

493. Coast Guard Medal _ 209

652. Removing restrictions 210

778. Suspension of this subchapter in wax or national

emergency 210

United States Code, Title 15 — Commerce and Trade:

15 U.S.C. 76. Retaliation against restriction of importations

in time of war 211

77. Discrimination against neutral Americans in

time of war 211

United States Code, Title 16 — Conservation:

16 U.S.C. 440. Same; closure in times of national emergency,. 213

690p. Limitation on obligations incurred; Great

Plains Conservation Service 213

809. Temporary use by Government of projects
works for national safety; compensation for
use 219

824a. Interconnection and coordination of facilities-
emergencies; transmission to foreign coun'
tries * 21Q

831d. Directors; maintenance and operation of plant
for production, sale, and distribution of
fertilizer and power ooi

831n-4. Bonds for financing power program.." 221

831s. Possession by Government in time of "war"

damages to contract holders ' 225

832g. Purchase of supplies and services 227

833f. Purchase of supplies and services III" 227

United States Code, Title 18 — Crimea and Criminal Procedure:

18 U.S.C. 793. Gathering, transmitting or losing defense infor- P*ff«

mation 228

794. Gathering or delivering defense information to

aid foreign government 231

795. Photographing and sketching defense installa-

tions 231

798. Disclosure of classified information 1 232

798. Temporary extension of section 794 1 233

963. Detention of armed vessel 234

967. Departure of vessel forbidden in aid of neu-
trality _ 237

1383. Restrictions in military areas and zones 237

2153. Destruction of war material, war premises; or

war utilities 237

2154. Production of defective war material, war

premises, or war utilities 238

2157. Temporary extension of sections 2153 and 2154, 238

2391. Temporary extension of section 2388 239

2511. Interception and disclosure of wire or oral com-
munications prohibited 240

3287. Wartime suspension of limitations 242

United States Code, Title 19— Customs Duties:

19 U.S.C. 1318. Emergencies 243

1351. Foreign trade agreements 244

1862. Safeguarding national security 250

United States Code, Title 20 — Education:

20 U.S.C. 79. Barro Colorado Island in Gatun Lake to be set

aside 253

241-1. Assistance for current school expenditures in

cases of certain disasters 253

646. Assistance in cases of certain disasters 256

United States Code, Title 22 — Foreign Relations and Intercourse:

22 U.S.C. 401. Illegal exportation of war materials 259

441. Proclamation of state of war between foreign

states - 260

447. Financial transactions 261

450. Restrictions on use of American ports 263

451. Submarines and armed merchant vessels 263

461. Enforcement by courts; employment of land or

naval forces 264

464. Detention by collectors of customs 265

1611. Congressional declaration of policy; embargo on
war materials; denial of assistance to nations
failing to embargo shipments; administration

of chapter 265

1611a. Responsibility for administration 266

1611b. Determination of items to be embargoed 266

1611c. Resumption of assistance 267

161 Id. Definitions 267

1962. Military assistance; use of Armed Forces 268

1963. United Nations Emergency Force 269

1965. Expiration __ — _ 269

2370. Prohibitions against furnishing assistance 269

2410. Sale of supersonic planes to Israel 278

United States Code, Title 25— Indians:

25 U.S.C. 72. Abrogation of treaties 278

United States Code, Title 26 — Internal Revenue Code:

26 U.S.C. 168. Amortization of emergency facilities 279

7508. Time for performing certain acts postponed by

reason of war 284

United States Code, Title 29— Labor:

29 U.S.C. 176. National emergencies; appointment of board of
inquiry by President; report; contents; filing
with service 286

XII

Texts of statutes delegating power In time of war or emergency — Continued
United States Code, Title 29 — Labor — Continued

29 XJ.S.C. 178. Same; strikes subject to injunction; inapplica-
bility of sections 101 to 115 of this title; p**«

review 287

United States Code, Title 31 — Money and Finance:

31 U.S.C. 80a. Same; extension of time during war or emer-

gency 288

80b. Administrative examination of accounts of

U.S. Marine Corps expenditures 288

80c. Administrative examination of accounts of
Navy expenditures; extension of time during

war or emergency 289

203. Assignments of claims; set-off against assignee. 290

241. Same; payments 293

United States Code, Title 32— National Guard:

32 U.S.C. 104. Units; location; organization; command 296

111. Suspension of certain provisions of this title 297

302. Enlistments, reenlistments, and extensions 298

715. Property loss; personal injury or death: activ-
ities under certain sections of this title 299

United States Code, Title 33 — Navigation and Navigable Waters:

33 U.S.C. 853. Appointments and promotions made by Presi-

dent; suspension during war or emergency 301

854a-l. Temporary appointment or advancement of
commissioned officers in time of war or

national emergency 301

855. Cooperation with and transfer to military de-
partments _ _ 302

United States Code, Title 35— Patents:

35 U.S.C. 181. Secrecy of certain inventions and withholding of

patent 303

United States Code, Title 37 — Pay and Allowances of the Uniformed
Services :

37 U.S.C. 202. Pay grades; assignment to; rear admirals of
upper half; officers holding certain positions

in the Navy 305

310. Special pay; duty subject to hostile fire 305

407. Travel and transportation allowances; disloca-
tion allowance 306

427. Family separation allowance 306

901. Wartime pay of officer of Armed Force Vxercis-
. _ _ ing command higher than his erade 307

United'States Code, Title 38— Veterans' Benefits-

38JU.S.C. 101. Definitions 307

521. Veterans of the Mexican border "period World
War I, World War II, the Korean conflict or
the Vietnam era _ ______

Unit?«S#?5 Code Title 40— Public Buildings, Propertv.'and W'oVks"
40JU.S.C. 71d. Proposed Federal and District developi^ni

and projects _ __ 0,0

276a-5. Suspension of sections 276a "to"276a-5 duriiii

emergency _____ 6

278b. Same; exception of certain vital "leases' during

war or emergency _ _ <?14.

314. Sale of war supplies, lands, and buildings q{«
484. Disposal of surplus property- _ _ _ SJS
534. Waiver of procedures for disposal of urbanTands"
„ . , „ _ „ acquisition or change of use of real propertv ' o
United States Code, Title 41— Public Contracts: Property.. 319

41 U.S.C. 11. No contracts or purchases unless authorized or
under adequate appropriation; report to the

Congress , -

15. Transfers of contracts; assignments of claims"

set-off against assignee _ ' 001

52. Purchases and contracts for property. II ~" 324

XIII

United States Code, Title 42— The Public Health and Welfare: Page

42 U.S.C. 204, Composition of commissioned corps; appoint-

ment of commissioned officers of Regular and

Reserve Corps 326

210-1. Annual and sick leave 327

211. Promotion of commissioned officers 327

211b. Promotion of commissioned officers 331

217. Use of Service in time of war or emergency 332

266._Special quarantine powers in time of war. 332

1313. Assistance for U.S. citizens returned from

foreign countries 333

1477. Preferences for veterans and families of deceased

servicemen, _ 334

1541. Termination of subchapters II-VII; saving

clause 335

1592. Authority of Administrator 335

1711. Definitions 336

1712. Disqualification from benefits 339

2138. Suspension of licenses during war or national

emergency 339

2165. Security restrictions 340

2201. General duties of Commission (AEC)_ 342

United States Code, Title 43— Public Lands:

43 U.S.C. 155. Withdrawal, reservation, or restriction of public

lands for defense purposes; definition; excep-
tion. ^_ ^- _ _ ----- . 348

315q. WitfidrawaTbf lands for war or national defense
purposes ; payment for cancellation of permits

or licenses 333

616W. Restriction on delivery of water for production

of excessive basic commodities 349

1314. Rights and powers retained by the United

States; purchase of natural resources; con-
demnation of lands 349

1341. Reservation of lands and rights 350

United States Code, Title 44 — Public Printing and Documents :

44 U.S.C. 1505. Documents to be published in the Federal

3311. Destruction of records outside continental
United States in time of war or when hostile
action seems imminent; written report to

Administrator of General Services 353

United States Code, Title 45 — Railroads:

45 U.S.C. 228c-l. Military service 353

United States Code, Title 46 — Shipping:

46 U.S.C. 133. Hospital ships in time of war 354

134. Designation by President of hospital ships

exempted 355

249a. Distinctive service ribbon bar; issuance; cost;

replacements 355

835. Restrictions on transfer of shipping facilities

during war or national emergency 356

861. Purpose and policy of United States. _ 359

1132. Citizenship of officers and crew 360

1151. Subsidy authorized for vessels to be operated in

foreign trade 361

1161. Reserve funds for construction or acquisition of

vessels; taxation 7 363

1202. Insurance requirements; repairs; inspection by
Secretary; termination of charter in national

emergency 364

1241. Transportation in American vessels of Govern-
ment personnel and certain cargoes 365

XIV

Texts of statutes delegating power in time of war or emergency — Continued
United States Code, Title 46— Shipping— Continued

46 U.S.C. 1242. Requisition or purchase of vessels in time of

emergency 367

1294. Expiration of authority to provide insurance — 369

1402. Application for subsidy; conditions. 369

1406. Supervision of construction; submission of plans

to Secretary of Defense 371

United States Code, Title 47 — Telegraphs, Telephones, and Radio-
telegraphs :

47 U.S.C. 308. Same; application; conditions and restrictions in

license for foreign communication 371

606. War powers of President 373

United States Code, Title 49 — Transportation:

49 U.S.C. 1. Regulation in general; car service; alteration of

line 375

6. Schedules and statements of rates, etc., joint

rail and water transportation 380

1020. Special powers during time of war or other

emergency _ 382

1343. General powers and duties of Administrator 382

1348. Airspace control and facilities 383

United States Code, Title 50 — War and National Defense:

50 U.S.C. 21. Restraint, regulation, and removal 384

82. Procurement of ships and material during war;
changes in contracts ; commandeering fac-
tories, etc__ 384

98d. Release of stockpile materials 385

167c. Licensing 385

191. Regulation of anchorage and movement of

vessels during national emergency 388

196. Emergency foreign vessel acquisition; purchase

or requisition of vessels lying idle in U.S.
waters ._ 389

197. Same; voluntary purchase or charter agree-

ments -__ 389

198. Same; documentation of vessels; waiver of

compliance; coastwise trade; inspection; re-
conditioning of vessels ; effective period ;
definition 390

205. Suspension of commercial intercourse with State

in insurrection __ 392

206. Suspension of commercial intercourse with part

of State in insurrection _ __ 392

207. Persons affected by suspension of commercial

intercourse 393

208. Licensing or permitting commercial intercourse

with State or region in insurrection 393

212. Confiscation of property employed to aid insur-
rection 394

223. Forfeiture of vessels owned by citizens of insur-
rectionary States 394

451. Congressional declaration of purpose and policy 394

452. Definitions 395

453. Powers and duties of Secretary of Defense"" 396

454. Plant disposal; modification of national security

clause; transfer to Administrator of General
Services; machine tools _ 39c

455. Acceptance of plants by Administrator "of

General Services; disposition; conditions of

lease _ <jq»

456. Powers of Secretary of Defense respecting

property in national industrial reserve 393

50 U.S.C. 457. Transportation, maintenance, disposition, etc.,

by Administrator of General Services of PftB*
transferred property 399

458. Limitation on acquisition of property 399

459. Industrial Reserve Review Committee; compo-

sition, appointment, tenure, and compensa-
tion; laws applicable 400

460. Duties of committee; recommendations 401

461. Reports to Congress 401

462. Appropriations 401

812. Declaration of "internal security emergency" by

President; events warranting; period of

existence 401

832. Full field investigation and appraisal 402

1431. Authorization; official approval 403

1435. Effective period 403

1511. Reports to Congress 4€6

1512. Transportation, open air testing, and disposal;

Presidential determination ; report to Con-
gress ; notice to Congress and State Governors, 406

1513. Deployment, storage, and disposal; notification

to host country and Congress; international
law violations; reports to Congress and inter-
national organizations 407

1515. Suspension; Presidential authorization 408

1516. Delivery systems 408

1517. Immediate disposal when health or safety are

endangered 409

1518. Disposal; detoxification; report to Congress;

emergencies 409

United States Code, Title 50, Appendix — War and National Defense:

50 U.S.C. App. 3. Acts prohibited. _ 409

4. Licenses to enemy or ally of enemy insurance or

reinsurance companies; change of name; doing
business in United States 410

5. Suspension of provisions relating to ally of

enemy; regulation of transactions in foreign
exchange of gold or silver, property transfers,
vested interests, enforcement and penalties.. 413

6. Alien Property Custodian; general powers and

duties 415

7. Lists of enemy or ally of enemy officers, directors

or stockholders of corporations in United
States; acts constituting trade with enemy
prior to passage of act ; conveyance of property
to custodian; voluntary payment to custodian
by holder; acts under order, rule, or regula-
tion 415

8. Contracts, mortgages, or pledges against or with

enemy or ally of enemy ; abrogation of con-
tracts; suspension of limitations 420

9. Claims to property transferred to custodian;

notice of claim; filing; return of property;
suits to recover; sale of claimed property in
time of war or during national emergency — 421

10. Acts permitted; applications for patents, or

registration of trademarks or copyrights;
payment of tax in relation thereto; licenses
under enemy owned patent or copyright;
statements by licensees; term and cancella-
tion; suits against licensees; restraining in-
fringements; powers of attorney; keeping
secret inventions 430

11. Importations prohibited 433

12. Property transferred to Alien Property Custo-

dian 434

XVI

Texts of statutes delegating power in time of war or emergency— Continued
United States Code, Title 60, Appendix — War, etc. — Continued
50 U.S. C. App. 14. Same; refusal of clearance; reports of gold or Paje

silver coin in cargoes for export ~- 436

19. Print, newspaper, or publication in foreign

languages 436

32. Return of property 438

38. Shipment of relief supplies; definitions 443

40. Intercustodial conflicts involving enemy prop-
erty; authority of President to conclude; dele-
gation of authority 444

785. Effective date of sections 781 to 785 444

1211. Congressional declaration of policy 445

1213. Definitions __ 446

1216. Exemptions _ - 447

1622. Disposal to local governments and nonprofit

institutions — 453

1742. Price adjustment on prior sales to citizens 457

1744. Composition of national defense reserve fleet;

vessels available to State marine schools 460

1878e. Extension of loan to France; availability of
vessels to European, Latin America, and
Far Eastern nations; pool of vessels; rules

and regulations _ __ 460

1878s. Loans of naval vessels to friendly foreign

nations from Reserve Fleet 462

1878vv. Five-year period limitation on loans; discre-
tionary extension ; acts of warfare by

recipient country, early termination 462

2005. Prisoners of war___.^_ 463

2071. Priority in contracts and orders 468

2072. Hoarding of designated scarce materials 470

2073. Penalties r _ 471

2093. Purchase of raw materials and installation of

equipment , 471

2151. Small business 473

2152. Definitions 475

2 1 53. Delegation of authority ; creation of new

agencies; appointment and. compensation of
officers and personnel; State representation
in regional offices „ 476

2154. Rules, regulations, and orders 476

2155. Investigations; records; reports; subpenas; right

to counsel 477

2157. Liability for compliance with invalid regulations ;

discrimination against orders or contracts'
affected by priorities or allocations 479

2158. Voluntary agreements and programs ^exempt ions

from antitrust laws and Federal Trade Com-
mission Act; surveys and reports to Congress-
termination '

2159. Exemption from Administrative Procedure Act ;

statements in rules, regulations, and orders as

to consultation with industry representatives 4gn

2160. Employment of personnel; appointment policies -

nucleus executive reserve; use of confidential
information by employees; printing and dis-
tribution of reports __ __ 4R.

2161. Appropriations authorized; availability of funds 4R4

2162. Joint Committee on Defense Production. _'_ 40-

2163. Territorial application of act _ Jo~

2166. Termination of Act _ _ J«i

2291. Sections 2291 to 2297 of this appendix effective

only during civil defense emergency; proc-
lamation of emergency; termination 4gg

XVII

Page

50U.S.C.App. 2292. Utilization of Federal departments and agencies. 490

2293. Emergency powers of Administrator 491

2294. Government immune from liability for death or

personal injury to employees; benefits em-
ployees entitled to __ 492

2295. Waiver of Administrative Procedure Act 492

2297. Termination of sections 2291 to 2297 of this

appendix 492

2401. Congressional findings 493

2402. Congressional declaration of policy 493

2403. Authority to effectuate policy 494

2404. Consultations for determination of controls;

standards or criteria established 496

2405. Violations and penalties 496

2406. Enforcement 497

2407. Exemption from administrative procedure and

judicial review provisions 498

2408. Information to exporters 499

2409. Quarterly reports 499

2410. Definitions.- 499

2411. Effects on other acts 500

2412. Effective date 500

2413. Termination date 500

Public Laws: .

68th Cong., Public Law 438 — 43 Stat. 959-60... 501

479—43 Stat. 984-5 502

568—43 Stat. 1129 504

69th Cong., Public Law 99—44 Stat. 241 505

314— 44 Stat. 677. 505

71st Cong., Public Law 222—46 Stat. 329-32 506

280—46 Stat. 479 506

72d Cong., Public Law 382 — 47 Stat. 1367-8.. _ _ 507

74th Cong., Public Law 598 — 49 Stat. 1278 508

624 — 49 Stat. 1387 509

704—49 Stat. 1535-6 510

730 — 49 Stat. 1557-8 510

75th Cong., Public Law 316—50 Stat. 696 511

689—52 Stat. 833-4 512

79th Cong., Public Law 465—60 Stat. 332 513

80th Cong., Public Law 885—62 Stat. 1229-30 514

81st Cong., Public Law 97— 63 Stat. 169-70 __ 515

593—64 Stat. 310-11 516

755—64 Stat. 591-2 517

82d Cong., Public Law 222— 65 Stat. 658 519

377—66 Stat. 128-9 520

559—66 Stat. 727-8 520

83d Cong., Public Law 39— 67 Stat. 38. 521

56—67 Stat. 54... 522

92—67 Stat. 120 523

169—67 Stat. 244 523

315— 68 Stat. 32 524

327—68 Stat. 51 525

386—68 Stat. 171 527

493— 68 Stat. 474-7 528

534 — 68 Stat. 535 529

556 — 68 Stat. 586 530

711— 68 Stat. 974-5 531

712— 68 Stat. 975-6 532

713— 68 Stat. 977-8 533

716 — 68 Stat. 980-2 534

84th Cong., Public Law 49— 69 Stat. 68-70 535

50— 69 Stat. 70-1 536

52—69 Stat. 79 538

77—69 Stat. 138-9 538

142—69 Stat. 293-4 540

156— 69 Stat. 300-1 541

XVIII

Texts of statutes delegating power in time of war or emergency— Continued

Public Laws — Continued T^A2

84th Cong., Public Law 301—69 Stat. 592-3 VJ,

410—70 Stat. 17-8 *JJ

413—70 Stat. 21-3

428—70 Stat. 35-6- *}i

521— 70 Stat. 156 - fj°

598—70 Stat. 296 2Vt

616— 70 Stat. 335-6 »49

618—70 Stat. 336-7.- 550

706— 70 Stat. 536-7 550

719— 70 Stat. 550-1 551

729—70 Stat. 577 - - 552

740—70 Stat. 590 - - - 55d

819—70 Stat. 698 554

872— 70 Stat. 793 55o

85th Cong., Public Law 46—71 Stat. 46-8 556

157— 71 Stat. 391 557

185—71 Stat. 467 558

204— 71 Stat. 478-9 559

205— 71 Stat- 479-80- - , 560

236—71 Stat. 516-7 561

258—71 Stat. 580-3 562

260—71 Stat. 584-7. 563

545—72 Stat. 401 ' 564

548—72 Stat. 403-4 565

799—72 Stat. 965 566

86th Cong., Public Law 323—73 Stat. 594-5 567

473—74 Stat. 143 568

602—74 Stat. 355-6 570

611—74 Stat. 369-71 571

87th Cong., Public Law 328—75 Stat. 688 572

654—76 Stat. 530 573

733—76 Stat. 697 574

794—76 Stat. 877 575

88th Cong., Public Law 228— 776tat..470-l 576

89th Cong., Public Law 188— 79 Stat. 793 577

257—79 Stat. 982 578

568—80 Stat. 739 579

91st Cong., Public Law 142—83 Stat. 293 580

202— 84 Stat. 20 581

92d Cong., Public Law 145—85 Stat. 394 582

'Citation of statutes in accordance to committee jurisdiction:
Standing Committees:

Agriculture and Forestry 585

Armed Services 5S5

Banking, Housing and Urban Affairs 5S6

Commerce 586

District of Columbia 5S7

Finance 5S7

Foreign Relations 5S7

Government Operations 5S7

Interior and Insular Affairs

The Judiciary 5K8

Labor and Public Welfare 5SS

Post Office and Civil Service ;>S8

Public Works 589

Rules and Administration

Veterans' Affairs 5S9

Joint Committee on Atomic Energy 589

APPENDIX

Tables:

1. Provisions of the United States Code that refer to Truman Emer- Paee

gency Proclamation eo nomine or by date 591

2. Provisions of the United States Code that refer to Presidential

declaration or proclamation of national emergency that may be
affected by termination of Truman Emergency Proclamation 591

3. Provisions of the United States Code that empower the President

to declare a national emergency (the President alone or the
President or the Congress in the alternative) or refer to a presi-
dentially declared emergency 591

4. Provisions of the United States Code that provide for a congressional

declaration of national emergency (the Congress alone or the
Congress or the President in the alternative) or refer to a congres-
sionally declared emergency 592

5. Provisions of the United States Code that refer to a declaration of

national emergency without reference to any declarant 592

6. Provisions of the United States Code that specify emergency author-

ity applicable in "time of war" or "during a war" 593

7. Provisions of the United States Code that refer to a state of war or

war declared by the Congress 593

Proclamations of national emergency still in effect:

Excerpt from Public Law 1, 73d Cong., 1st Sess. (1933) 594

Proclamation No. 2914, Dec. 16, 1950 594

Proclamation No. 3972, Mar. 23, 1970 596

Proclamation No. 4074, Aug. 15, 1971 597

Subject index 598

(XII)

93d Congress ) SENATE ( Report

1st Session J j n0_ 93-549

EMERGENCY POWERS STATUTES:
Provisions of Federal Law
Now in Effect Delegating to the
Executive Extraordinary Authority
in Time of National Emergency

November 19, 1973. — Ordered to be printed

Mr. Mathias (for Mr. Church) as co-chairman of the Special
Committee on the Termination of the National Emergency, sub-
mitted the following

REPORT

[Pursuant to S. Res. 9, 93d Cong.]

INTRODUCTION

A — A Brief Historical Sketch of the Origins
of Emergency Powers Now in Force

_ A majority of the people of the United States have lived all of their
lives under emergency rule. For 40 years, freedoms and governmental
procedures guaranteed by the Constitution have, in varying degrees,
been abridged by laws brought into force by states of national
emergency. The problem of how a constitutional democracy reacts to
great crises, however, far antedates the Great Depression. As a philo-
sophical issue, its origins reach back to the Greek city-states and the
Roman Republic. And, in the United States, actions taken by the Gov-
ernment in times of great crises have — from, at least, the Civil War —
in important ways shaped the present phenomenon of a permanent
state of national emergency.

American political theory of emergency government was derived
and enlarged from John Locke, the English political-philosopher
whose thought influenced the authors of the Constitution. Locke
argued that the threat of national crisis — unforeseen, sudden, and
potentially catastrophic — required the creation of broad executive

(l)

emergency powers to be exercised by the Chief Executive in situ-
ations where the legislative authority had not provided a means or
procedure of remedy. Referring to emergency power in the 14th chap-
ter of his Second Treatise on Civil Government as "prerogative,"
Locke suggested that it :

. . . should be left to the discretion of him that has the
executive power . . . since in some governments the lawmaking
power is not always in being and is usually too numerous,
and so too slow for the dispatch requisite to executions, and
because, also it is impossible to foresee and so by laws to
provide for all accidents and necessities that may concern the
public, or make such laws as will do no harm, if they are exe-
cuted with an inflexible rigour on all occasions and upon all
persons that may come in their way, therefore there is a lati-
tude left to the executive power to do many things of choice
which the laws do not prescribe.

To what extent the Founding Fathers adhered to this view of the
executive role in emergencies is a much disputed issue. Whatever their
conceptions of this role, its development in practice has been based
largely on the manner in which individual President's have viewed
their office and its functions. Presidents Theodore Roosevelt and Wil-
liam Howard Taft argued the proper role of the President and,
perhaps, their debate best expounds diametrically opposed philoso-
phies of the presidency. In his Autobiography, Roosevelt asserted his
"stewardship theory."

My view was that every Executive officer . . . was a steward
of the people bound actively and affirmatively to do all he
could for the people and not to content himself with the nega-
tive merit of keeping his talents undamaged in a napkin . . .
My belief was that it was not only [the President's] right but
his duty to do anything that the needs of the Nation de-
manded unless such action was forbidden by the Constitution
or by the laws. Under this interpretation of executive power
I did and caused to be done many things not previously done
by the President and the heads of departments. I did not
usurp power but I did greatly broaden the use of executive
power. In other words, I acted for the common well being of
all our people whenever and whatever measure was necessary,
unless prevented by direct constitutional or legislative
prohibition.

Roosevelt compared this principle of "stewardship" to what he
called the Jackson-Lincoln theory, and contrasted it to the theory
ascribed to William Howard Taft.

Roosevelt's ideas on the ambit of presidential authority and re-
sponsibility were vigorously disputed by Taft. In lectures on the presi-
dency— delivered at Columbia University in 1915-1916 Taft re-
sponded that: ". . . the wide field of action that this would give to
the Executive one can hardly limit. A President can exercise no power
which cannot fairly and reasonably be traced to some specific grant of
power." And he cautioned that: ". . . such specific grants must be

either in the Federal Constitution, or in any Act of Congress passed in
pursuance thereof. There is no undefined residuum of power which he
can exercise because it seems to him to be in the public interest."

In recent years, most scholars have interpreted the Roosevelt-Taft
dispute in Roosevelt's favor. In the prevailing academic view, Roose-
velt is described as "active," "expansionist," and "strong." The his-
torical reality, in fact, does not afford such a sharp distinction either
between the actions of these two Presidents, or between their analysis
of the problem of emergency powers. Taft, in his concluding remarks
to his Columbia lectures, said : "Executive power is limited, so far as it
is possible to limit such a power consistent with that discretion and
promptness of action that are essential to preserve the interests of the
public in times of emergency or legislative neglect or inaction." Thus,,
even Taft was disposed to employ emergency power when the need
arose, but, he did not wish to go beyond his own narrower, conserva-
tive conception of what was meant by constitutional and legal bounds.
Thus, the dispute was over where those bounds lay, rather than the
nature of the office itself.

Taft's successor, Woodrow Wilson, was no less zealous in observing
what he thought the Constitution demanded. Faced with the exigen-
cies of World War I, Wilson found it necessary to expand executive
emergency powers enormously. In many respects, this expansion of
powers in wartime was based on precedents set by Lincoln decades
earlier. Unlike Lincoln, however, Wilson relied heavily on Congress
for official delegations of authority no matter how broadly these might
be.

Wilson's exercise of power in the First World War provided a model
for future Presidents and their advisors. During the preparedeness
period of 1915-1916, the submarine crisis in the opening months of
1917, and the period of direct involvement of U.S. armed forces from
April 1917 to November 1918, Wilson utilized powers as sweeping as-
Lincoln's. Because governmental agencies were more highly organized
and their jurisdictions wider, presidential powers were considerably
more effective than ever before. Yet, perhaps, because of Wilson's
scrupulous attention to obtaining prior congressional concurrence,
there was only one significant congressional challenge to Wilson's war-
time measures.

That challenge came in February-March 1917, following the sever-
ance of diplomatic relations with Germany. A group of Senators suc-
cessfully filibustered a bill authorizing the arming of American mer-
chant ships. In response — records American historian Frank Freidel
in his book Roosevelt: the Apprenticeship — Assistant Secretary of the
Navy Franklin D. Roosevelt found an old statute under which the
President could proceed without fresh authorization from Congress.
Roosevelt, impatient for action, was irritated because Wilson waited a
few days before implementing the statute.

Lincoln had drawn most heavily upon his power as Commander-
in-Chief; Wilson exercised emergency power on the basis of old
statutes and sweeping new legislation — thus drawing on congres-
sional delegation as a source of authority. The most significant
Wilsonian innovations were economic, including a wide array of de-
fense and war agencies, modeled to some extent upon British wartime

precedents. In August 1916 iust prior to United States entry into the
war, Congress at Wilson's behest established a Council of National
Defense — primarily advisory. In 1917, a "War Industries Board, also
relatively weak, began operating. The ineffectiveness of the economic
mobilization led Republicans in Congress — in the winter of 1917-
1918 — to demand a coalition War Cabinet similar to that in England.
Wilson forestalled Congress by proposing legislation delegating him
almost total economic power and, even before legislative approval,
authorized the War Industries Board to exercise extensive powers.
Subsequently Congress enacted Wilson's measure, the Overman Act,
in April 1918. Other legislation extended the economic authority of
the Government in numerous directions.

Following the Allied victory, Wilson relinquished his wartime au-
thority and asked Congress to repeal the emergency statutes, enacted
to fignt more effectively the war. Only a food-control measure and the
1917 Trading With the Enemy Act were retained. This procedure of
terminating emergency powers when the particular emergency itself
has, in fact, ended has not been consistently followed by his successors.

The next major development in the use of executive emergency
powers came under Franklin D. Roosevelt. The Great Depression had
already overtaken the country by the time of Roosevelt's inauguration
and confronted him with a totally different crisis. This emergency,
unlike those of the past, presented a nonmilitary threat. The Roose-
velt administration, however, conceived the economic crisis to be a ca-
lamity equally as great as a war and employed the metaphor of war to
emphasize the depression's severity. In his inaugural address, Roose-
velt said : "I shall ask the Congress for the one remaining instrument
to meet the crisis — broad executive power to wage a war against the
emergency, as great as the power that would be given me if we were in
fact invaded by a foreign foe."

_ Many of the members of the Roosevelt administration, including
F.D.R. himself, were veterans of the economic mobilization of World
War I and drew upon their experiences to combat the new situation.
The first New Deal agencies, indeed, bore strong resemblance to war-
time agencies and many had the term "emergency" in their titles-
such as the Federal Emergency Relief Administration and the Na-
tional Emergency Council.

In his first important official act, Roosevelt proclaimed a National
Bank Hobday on the basis of the 1917 Trading With the Enemy
Act— itself a wartime delegation of power. New Deal historian Wil-
liam Ji. L/euchtenburg writes :

When he sent his banking bill to Congress, the House re-
w a rt ^h Tch *e.s,ame ardor as it had greeted
Woodrow Wilson's war legislation. Speaker Rainev said the
situation reminded him of the late war when "on both sides
oi this Chamber the great war measures suggested bv the ad
ministration were supported with practical unanimity
loday we are engaged in another war, more serious even in its"
character and presenting greater dangers to the Republic "
After only 38 minutes debate, the House passed the adminis-
tration's banking bill, sight unseen.

The Trading With the Enemy Act had, however, been specifically
designed by its originators to meet only wartime exigencies. By employ-
ing it to meet the demands of the depression, Roosevelt greatly extended
the concept of "emergencies" to which expansion of executive powers
might be applied. And in so doing, he established a pattern that was
followed frequently: In time of crisis the President should utilize
any statutory authority readily at hand, regardless of its original
purposes, with the firm expectation of ex post facto congressional
concurrence.

Beginning with F.D.R., then, extensive use of delegated powers
exercised under an aura of crisis has become a dominant aspect of
the presidency. Concomitant with this development has been a de-
meaning of the significance of "emergency." It became a term used to
evoke public and congressional approbation, often bearing little actual
relation to events. Roosevelt brain-truster, Rexford G. Tugwell, has
described the manner in which Roosevelt used declarations of different
degrees of emergency :

The "limited emergency" was a creature of Roosevelt's
imagination, used to make it seem that he was doing less
than he was. He did not want to create any more furor
than was necessary. The qualifying adjective had no limit-
ing force. It was purely for public effect. But the finding that
an emergency existed opened a whole armory of powers
to the Commander-in-Chief, far more than Wilson had had.

Roosevelt and his successor, Harry S. Truman, invoked formal
states of emergency to justify extensive delegations of authority dur-
ing actual times of war. The Korean war, however, by the fact of its
never having been officially declared a "war" as such by Congress,
further diluted the concept of what constituted circumstances suffi-
ciently critical to warrant the delegation of extraordinary authority
to the President.

At the end of the Korean war, moreover, the official state of emer-
gency was not terminated. It is not yet terminated. This may be pri-
marily attributed to the continuance of the Cold War atmosphere
which, until recent years, made the imminent threat of hostilities an
accepted fact of everyday life, with "emergency" the normal state of
affairs. In this, what is for all practical purposes, permanent state of
emergency, Presidents have exercised numerous powers — most notably
under the Trading With the Enemy Act — legitimated by that on-
going state of national emergency. Hundreds of others have lain
fallow, there to be exercised at any time, requiring only an order
from the President.

Besides the 1933 1 and Korean war emergencies,2 two other states
of declared national emergency remain in existence. On March 23,
1970, confronted by a strike of Postal Service employees, President
Nixon declared a national emergency.3 The following year, on August

1 See Appendix. D. M*.

' ma.

' Ibid, p. 596.

15, 1971, Nixon proclaimed another emergency,1 under which he im-
posed stringent import controls in order to meet an international
monetary crisis. Because of its general language, however, that procla-
mation could serve as sufficient authority to use a substantial propor-
tion of all the emergency statutes now on the books.

Over the course of at least the last 40 years, then, Presidents have
had available an enormous — seemingly expanding and never-ending —
range of emergency powers. Indeed, at their fullest extent and during
the height of a crisis, these "prerogative" powers appear to be virtu-
ally unlimited, confirming Locke's perceptions. Because Congress and
the public are unaware of the extent of emergency powers, there has
never been any notable congressional or public objection made to this
state of affairs. Nor have the courts imposed significant limitations.

During the New Deal, the Supreme Court initially struck down
much of Roosevelt's emergency economic legislation (Schechter v.
United States, 295 U.S. 495). However, political pressures, a change
in personnel, and presidential threats of court-packing, soon altered
this course of decisions (NLRB v. Jones & Laughlin Steel Corp.,
301 U.S. 1). Since 1937, the Court has been extremely reluctant to in-
validate any congressional delegation of economic powers to the Pres-
ident. It appears that this will not change in the foreseeable future.

In a significant case directly confronting the issue of wartime emer-
gency powers, Youngstown Sheet & Tube Co. v. Sawyer (343 U.S.
579), the Court refused to allow the President to rely upon implied
constitutional powers during a crisis. The action at issue involved
presidential seizure of steel plants in a manner apparently directly at
odds with congressional policy. Justice Black's plurality opinion spe-
cifically acknowledges that if Congress delegates powers to the Presi-
dent for use during an emergency, those powers are absolutely valid
within constitutional restraints on Congress' own power to do so. Con-
curring opinions appear to agree on this point. It should be noted,
therefore, that all statutes in this compilation are precisely these kinds
of snecific congressional delegations of power.

The 2.000-year-old problem of how a legislative body in a demo-
cratic republic may extend extraordinary powers for use by the execu-
tive during times of great crisis and dire emergencv— but do so in
ways assuring both that such necessary powers will be terminated im-
mediately when the emergency has ended and that normal processes
will be resumed — has not yet been resolved in this country. Too
few are aware of the existence of emergency powers and their extent,
and the problem has never been squarely faced.

B — Summary Views T7TK Presf/vt Status
op Emergency Powers Statutes

A review of the laws passed since the first state of national
emergency was declared in 1933, reveals a consistent pattern of law-
making. It is a pattern showing that the Congress, through its own
actions, transferred awesome magnitudes of power to the executive
ostensibly to meet the problems of governing effectively in times of
great crisis. Since 1933, Congress has passed or recodified over 470
significant statutes delegating to the President powers that had been

i TMd., u. 597.

the prerogative and responsibility of the Congress since the beginning
of the Republic. No charge can be sustained that the Executive branch
has usurped powers belonging to the Legislative branch; on the con-
trary, the transfer of power nas been in accord with due process of
normal legislative procedures.

It is fortunate that at this time that, when the fears and tensions of
the cold war are giving way to relative peace and detente is now na-
tional policy, Congress can assess the nature, quality, and effect of
what has become known as emergency powers legislation. Emergency
powers make up a relatively small but important body of statutes —
some 470 significant provisions of law out of the total of tens of thou-
sands that have been passed or recodified since 1933. But emergency
powers laws are of such significance to civil liberties, to the operation
of domestic and foreign commerce, and the general functioning of the
U.S. Government, that, in microcosm, they reflect dominant trends in
the political, economic, and judicial life in the United States.

A number of conclusions can be drawn from the Special Commit-
tee's study and analysis of emergency powers laws now in effect. Con-
gress has in most important respects, except for the final action of floor
debate and the formal passage of bills, permitted the Executive
branch to draft and in large measure to "make the laws." This has
occurred despite the constitutional responsibility conferred on Con-
gress by Article I Section 8 of the Constitution which states that it
is Congress that "makes all Laws . . ."

Most of the statutes pertaining to emergency powers were passed
in times of extreme crisis. Bills drafted in the Executive branch were
sent to Congress by the President and, in the case of the most
significant laws that are on the books, were approved with only the
most perfunctory committee review and virtually no consideration of
their effect on civil liberties or the delicate structure of the U.S. Gov-
ernment of divided powers. For example, the economic measures that
were passed in 1933 pursuant to the proclamation of March 5, 1933,
by President Roosevelt, asserting that a state of national emergency
now existed, were enacted in the most turbulent circumstances. There
was a total of only 8 hours of debate in both houses. There were no
committee reports; indeed, only one copy of the bill was available
on the floor.

This pattern of hasty and inadequate consideration was repeated
•during World War II when another group of laws with vitally sig-
nificant and far reaching implications was passed. It was repeated dur-
ing the Korean war and, again, in most recent memory, during the
debate on the Tonkin Gulf Resolution passed on August 6, 1964.

On occasion, legislative history shows that during the limited de-
bates that did take place, a few, but very few, objections were raised by
Senators and Congressmen that expressed serious concerns about the
lack of provision for congressional oversight. Their speeches raised
great doubts about the wisdom of giving such open-ended au-
thority to the President, with no practical procedural means to with-
draw that authority once the time of emergency had passed.

For example, one of the very first provisions passed in 1933 was
the Emergency Banking Act based upon Section 5(b) of the Trad-
ing With the Enemy Act of 1917. The provisions gave to President
Roosevelt, with the full approval of the Congress, the authority

to control major aspects of the economy, an authority which had
formerly been reserved to the Congress. A portion of that provision,
still in force, is quoted here to illustrate the kind of open-ended au-
thority Congress has given to the President during the past 40 years:

(b) (1) During the time of war or during any other period
of national emergency declared by the President, the Presi-
dent may, through any agency that he may designate, or
otherwise, and under such rules and regulations as he may
prescribe, by means of instructions, licenses, or otherwise —

(A) investigate, regulate, or prohibit, any transac-
tions in foreign exchange, transfers of credit or payments
between, by2 through, or to any banking institution, and
the importing, exporting, hoarding, melting, or ear-
marking of gold or silver coin or bullion, currency or
securities, and

(B) investigate, regulate, direct and compel, nullify,
void, prevent or prohibit, any acquisition, holding, with-
holding, use, transfer, withdrawal, transportation, im-
portation or exportation of, or dealing in, or exercising
any right, power, or privilege with respect to, or trans-
actions involving, any property in which any foreign
country or a national thereof has any interest.

by any person, or with respect to any property, subject to the
jurisdiction of the United States ; and any property or inter-
est of any foreign country or national thereof shall vest,
when, as, and upon the terms, directed by the President, in
such agency or person as may be designated from time to time
by the President, and upon such terms anfl conditions as the
President may prescribe such interest or property shall be
held, used, administered, liquidated, sold, or otherwise dealt
with in the interest of and for the benefit o.f the United States,
and such designated agency or person may perform any and
all acts incident to the accomplishment or furtherance of these
purposes ; and the President shall, in the manner hereinabove
provided, require any person to keep a full record of, and to
furnish under oath, in the form of reports or otherwise, com-
plete information relative to any act or transaction referred
to in this subdivision either before, during, or after the com-
pletion thereof, or relative to any interest in foreign property,
or relative to any property in which any foreign country or
any national thereof has or has had any interest, or as may
be otherwise necessary to enforce the provisions of this sub-
division, and in any case in which a report could be required,
the President may, in the manner hereinabove provided re-
quire the production, or if necessary to the national security
or defense, the seizure, of any books of account, records, con-
tracts, letters, memoranda, or other papers, in the custodv or
control of such person ; and the President may, in the manner
hereinabove provided, take other and further measures not
inconsistent herewith for the enforcement of this subdivision
(2) Any payment, conveyance, transfer, assignment, or
delivery of pronertv or interest therein, made to or for the
account of the United States, or as otherwise directed, pur-
suant to this subdivision or any rule, regulation, instruction

or direction issued hereunder shall to the extent thereof be a
full acquittance and discharge for all purposes of the obliga-
tion of the person making the same; and no person shall be
held liable in any court tor or in respect to anything done
or omitted in good faith in connection with the administra-
tion of, or in pursuance of and in reliance on, this subdivision,
or any rule, regulation, instruction, or direction issued here-
under.

To cite two further examples :

In the context of the war powers issue and the long debate of the
past decade over national commitments, 10 U.S.C. 712 is of importance :

10 U.S.C. 712. Foreign governments : detail to assist.

(a) Upon the application of the country concerned, the
President, whenever he considers it in the public interest, may
detail members of the Army, Navy, Air Force, and Marine
Corps to assist in military matters —

(1) any republic in North America, Central America, or
South America ;

(2) the Republic of Cuba, Haiti, or Santo Domingo and

(3) during a war or a declared national emergency, any
other country that he considers it advisable to assist in the
interest of national defense.

(b) Subject to the prior approval of the Secretary of the
military department concerned, a member detailed under this
section may accept any office from the country to which he is
detailed. He is entitled to credit for all service while so de-
tailed, as if serving with the armed forces of the United
States. Arrangements may be made by the President, with
countries to which such members are detailed to perform
functions under this section, for reimbursement to the United
States or other sharing of the cost of performing such func-
tions.

The Defense Department, in answer to inquiries by the Special
Committee concerning this provision, has stated that it has only been
used with regard to Latin America, and interprets its applicability
as being limited to noncombatant advisers. However, the language of
Section 712 is wide open to other interpretations. It could be con-
strued as a way of extending considerable military assistance to any
foreign country. Since Congress has delegated this power, arguments
could be made against the need for further congressional concurrence
in a time of national emergency.

The repeal of almost all of the Emergency Detention Act of 1950
was a constructive and necessary step, but the following provision
remains :

18 U.S.C. 1383. Restrictions in military areas and zones.

should have known of the existence and extent of the res*r1^"
tions or order and that his act was in violation thereof, be
fined not more than $5,000 or imprisoned not more than one
year, or both.

18 U.S.C. 1383 does not appear on its face to be an emergency power.
It was used as the basis for internment of Japanese-Americans in
World War II. Although it seems to be cast as a permanent power, the
legislative history of the section shows that the statute was intended
as a World War II emergency power only, and was not to apply in
"normal" peacetime circumstances. Two years ago, the Emergency
Detention Act was repealed, yet 18 U.S.C. 1383 has almost the same
effect.

Another pertinent question among many, that the Special Com-
mittee's work has revealed, concerns the statutory authority for do-
mestic surveillance by the FBI. According to some experts, the author-
ity for domestic surveillance appears to be based upon an Executive
Order issued by President Roosevelt during an emergency period. If
it is correct that no firm statutory authority exists, then it is reason-
able to suggest that the appropriate committees enact proper statutory
authority for the FBI with adequate provision for oversight by
Congress.

What these examples suggest and what the magnitude of emergency
powers affirm is that most of these laws do not provide for con-
gressional oversight or termination. There are two reasons which can
be adduced as to why this is so. First, few, if any, foresaw that the
temporary states of emergency declared in 1933, 1939, 1941, 1950, 1970,
and 1971 would become what are now regarded collectively as virtually
permanent states of emergency (the 1939 and 1941 emergencies were
terminated in 1952). Forty years can, in no way, be denned as a tem-
porary emergency. Second, the various administrations who drafted
these laws for a variety of reasons were understandably not concerned
about providing for congressional review, oversight, or termination
of these delegated powers which gave the President enormous powers
and flexibility to use those powers.

The intense anxiety and sense of crisis was contained in the rhetoric
of Truman's 1950 proclamation :

Whereas recent events in Korea and elsewhere constitute a
grave threat to the peace of the world and imperil the efforts
of this country and those of the United Nations to prevent
aggression and armed conflict ; and

Whereas world conquest by communist imperialism is
the goal of the forces of aggression that have been loosed
upon the world ; and

Whereas, if the goal of communist imperialism were to
be achieved, the people of this country would no longer eniov
the full and rich life they have with God's help built for
themselves and their children; they would no longer eniov
the blessings of the freedom of worshipping as they sevenillv
choose, the freedom of reading and listening to what thev
choose, the right of free speech, including the right to criti
cize their Government, the right to choose those who con

duct their Government, the right to engage freely in collec-
tive bargaining, the right to engage freely in their own busi-
ness enterprises, and the many other freedoms and rights
which are a part of our way of life ; and

Whereas, the increasing menace of the forces of communist
aggression requires that the national defense of the United
States be strengthened as speedily as possible :

Now, therefore, I, Harry S. Truman, President of the
United States of America, do proclaim the existence of a na-
tional emergency, which requires that the military, naval,
air, and civilian defenses of this country be strengthened as
speedily as possible to the end that we may be able to repel
any and all threats against our national security and to ful-
fill our responsibilities in the efforts being made through the
United Nations and otherwise to bring about lasting peace.

I summon all citizens to make a united effort for the se-
curity and well-being of our beloved country and to place its
needs foremost in thought and action that the full moral and
material strength of the Nation may be readied for the dan-
gers which threaten us.

I summon our farmers, our workers in industry, and our
businessmen to make a mighty production effort to meet the
defense requirements of the Nation and to this end to elimi-
nate all waste and inefficiency and to subordinate all lesser
interests to the common good.

I summon every person and every community to make,
with a spirit of neighborliness, whatever sacrifices are neces-
sary for the welfare of the Nation.

I summon all State and local leaders and officials to coop-
erate fully with the military and civilian defense agencies
of the United States in the national defense program.

I summon all citizens to be loyal to the principles upon
which our Nation is founded, to keep faith with our friends
and allies, and to be firm in our devotion to the peaceful pur-
poses for which the United Nations was founded.

I am confident that we will meet the dangers that confront
us with courage and determination, strong in the faith that
we can thereby "secure the Blessings of Liberty to ourselves-
and our Posterity."

In witness whereof, I have hereunto set my hand and
caused the Seal of the United States of America to be affixed.

Done at the City of Washington this 16th day of December
(10:20 a.m.) in the year of our Lord nineteen hundred and
fifty, and ol the Independence of the United States of Amer-
ica the one hundred and seventy-fifth.

Harry S. Truman.

TSeal]

By the President:

Dean Acheson,
Secretary of State-

The heightened sense of crisis of the cold war so evident in Truman s
proclamation has fortunately eased. The legislative shortcomings
contained in this body of laws can be corrected on the basis of rational
study and inquiry.

In the view of the Special Committee, an emergency does not now
exist. Congress, therefore, should act in the near future to terminate
officially the states of national emergency now in effect.

At the same time, the Special Committee is of the view that it is
essential to provide the means for the Executive to act effectively in
an emergency. It is reasonable to have a body of laws in readiness to
delegate to the President extraordinary powers to use in times of real
national emergency. The portion of the concurring opinion given by
Justice Jackson in the Youngstown Steel case with regard to emer-
gency powers provides sound and pertinent guidelines for the main-
tenance of such a body of emergency laws kept in readiness to be used
in times of extreme crisis. Justice Jackson, supporting the majority
opinion that the "President's power must stem either from an act
of Congress or from the Constitution itself" wrote :

The appeal, however, that we declare the existence of in-
herent powers ex necessitate to meet an emergency asks us to
do what many think would be wise, although it is something
the forefathers omitted. They knew what emergencies were,
knew the pressures they engender for authoritative action,
knew, too, how they afford a ready pretext for usurpation.
We may also suspect that they suspected that emergency
powers would tend to kindle emergencies. Aside from suspen-
sion of the privilege of the writ of habeas corpus in time of
rebellion or invasion, when the public safety may require it,
they made no express provision for exercise of extraordinary
authority because of a crisis. I do not think we rightfully
may so amend their work, and, if we could, I am not con-
vinced it would be wise to do so, although many modern na-
tions have forthrightly recognized that war and economic
crises may upset the normal balance between liberty and au-
thority. Their experience with emergency powers may not
be irrelevant to the argument here that we should say that
the Executive, of his own volition, can invest himself with
undefined emergency powers.

Germany, after the First World War, framed the Weimar
Constitution, designed to secure her liberties in the Western
tradition. However, the President of the Republic, without
concurrence of the Reichstag, was empowered temporarily to
suspend any or all individual rights if public safety and order
were seriously disturbed or endangered. This proved a temp-
tation to every government, whatever its shade of opinion,
and in 13 years suspension of rights was invoked on more
than 250 occasions. Finally, Hitler persuaded President Von
Hindenburg to suspend all such rights, and they were never
restored.

The French Republic provided for a very different kind
of emergency government known as the "state of seige."
It differed from the German emergency dictatorship particu-
larly in that emergency powers could not be assumed at will

by the Executive but could only be granted as a parliamen-
tary measure. And it did not, as in Germany, result in a sus-
pension or abrogation of law but was a legal institution gov-
erned by special legal rules and terminable by parliamentary
authority.

Great Britain also has fought both World Wars under a
sort of temporary dictatorship created by legislation. As Par-
liament is not bound by written constitutional limitations, it
established a crisis government simply by delegation to its
Ministers of a larger measure than usual of its own unlimited
power, which is exercised under its supervision by Ministers
whom it may dismiss. This has been called the "high-water
mark in the voluntary surrender of liberty," but, as Churchill
put it, "Parliament stands custodian of these surrendered lib-
erties, and its most sacred duly will be to restore them in their
fullness when victory has crowned our exertions and our
perseverance." Thus, parliamentary controls made emergency
powers compatible with freedom.

This contemporary foreign experience may be inconclu-
sive as to the wisdom of lodging emergency powers some-
where in a modern government. But it suggests that emer-
gency powers are consistent with free government only when
their control is lodged elsewhere than in the Executive who
exercises them. That is the safeguard that would be nullified
by our adoption of the "inherent powers" formula. Nothing in
my experience convinces me that such risks are warranted by
any real necessity, although such powers would, of course, be
an executive convenience.

In the practical working of our Government we already
have evolved a technique within the framework of the Con-
stitution by which normal executive powers may be consid-
erably expanded to meet an emergency. Congress may and
has granted extraordinary authorities which lie dormant in
normal times but may be called into play by the Executive in
war or upon proclamation of a national emergency. In 1939.
upon congressional request, the Attorney General listed
ninety-nine such separate statutory grants by Congress of
emergency or wartime executive powers. They were invoked
from time to time as need appeared. Under this procedure we
retain Government by law — special, temporary law, perhaps,
but law nonetheless. The public may know the extent and
limitations of the powers that can be asserted, and persons
affected may be informed from the statute of their rights and
duties-

In view of the ease, expedition and safety with which Con-
gress can grant and has granted large emergency powers,
certainly ample to embrace this crisis, I am quite unimpressed
with the argument that we should affirm possession of them
without statute. Such power either has no beginning or it
has no end. If it exists, it need submit to no legal restraint.
I am not alarmed that it would plunge us straightway into
dictatorship, but it is at least a step in that wrong direction.
*******

24-509 O - 73 - 3

But I have no illusion that any decision by this Court can
keep power in the hands of Congress if it is not wise and
timely in meeting its problems. A crisis that challenges the
President equally, or perhaps primarily, challenges Congress.
If not good law, there was worldly wisdom in the maxim at-
tributed to Napoleon that "The tools belong to the man who
can use them." We may say that power to legislate for emer-
gencies belongs in the hands of Congress, but only Congress
itself can prevent power from slipping through its fingers.

The essence of our free Government is "leave to live by no
man's leave, underneath the law" — to be governed by those
impersonal forces which we call law. Our Government is
fashioned to fulfill this concept so far as humanly possible.
The Executive, except for recommendation and veto, has no
legislative power. The executive action we have here origi-
nates in the individual will of the President and represents
an exercise of authority without law. No one, perhaps not
even the President, knows the limits of the power he may
seek to exert in this instance and the parties affected cannot
learn the limit of their rights. We do not know today what
powers over labor or property would be claimed to flow from
Government possession if we should legalize it, what rights
to compensation would be claimed or recognized, or on what
contingency it would end. With all its defects, delays and in-
conveniences, men have discovered no technique for long pre-
serving free government except that the Executive be under
the law, and that the law be made by parliamentary
deliberations.

Such institutions may be destined to pass away. But it is
the duty of the Court to be last, not first, to give them up.
With these guidelines and against the background of experience
of the last 40 years, the task that remains for the Special Committee
is to determine— in close cooperation with all the Standing Commit-
tees of the Senate and all Departments, Commissions, and Agencies
of the Executive branch-which of the laws now in force mWbe of
use in a future emergency. Most important, a legislative formula need*
to be devised which will provide a regular and cLsisCt pr^urTby
which any emergency provisions are called into force. It wiU Z

TEXTUAL NOTE

Compiling the Texts op Emergency Power Statutes

Pursuant to S. Res. 9 of January 6, 1973, the U.S. Senate directed
the Special Committee on the Termination of the National Emer-
gency to study and investigate emergency powers legislation now in
force.

From the outset of its work, the Special Committee faced the prob-
lem of determining, with reasonable accuracy, the number, nature,
and extent of emergency statutes passed by Congress since 1933 which
delegate extraordinary powers to the President in time of crisis or
impending catastrophe. It was evident, initially, that existing listings
of executive emergency powers were either out-of-date or inadequate
for the Special Committee's purposes. It became apparent, too, that
the United States Government has been operating under an unrelieved
state of emergency of 40 years' duration. During this period, an enor-
mous body of laws dealing with severe economic crisis and America's
response to three wars had been passed by Congress through an almost
unnoticed process of gradual accretion.

In the past, the only way to compile a catalog useful to Congress
would have required going through every page of the 86 volumes of
the Statutes-at-Large. Fortunately, the U.S. Code (1970 edition and
one supplement) was put onto computer tapes by the United States
Air Force in the so-called LITE System, which is located at a military
facility in the State of Colorado. The Special Committee staff, work-
ing in conjunction with the Justice Department, the Library of Con-
gress, and the General Accounting Office, devised several programs
for computer searches. These programs were based on a wide spectrum
of key words and phrases contained in typical provisions of law
.which delegate extraordinary powers. Examples of some trigger
words are national emergency, "war," "national defense," "inva-
sion," "insurrection," etc. These programs, designed to produce a com-
puter printout of all provisions of the U.S. Code that pertain to a
state of war or national emergency, resulted in several thousand ci-
tations. At this point, the Special Committee staff and the staff of the
American Law Division, Library of Congress, went through the
printouts, separated out all those provisions of the U.S. Code most
relevant to war or national emergency, and weeded out those provisions
of a trivial or extremely remote nature. Two separate teams worked
on the computer printouts and the results were put together in a third
basic list of U.S. Code citations.

To determine legislative intent, the U.S. Code citations were then
hand checked against the Statutes-at-Large, the Reports of Stand-

(1S)

ing Committees of the U.S. Senate and House of Representatives and,
where applicable, Reports of Senate and House Conferences.

In addition, the laws passed since the publishing of the 19..^SS?e
Were checked and relevant citations were added to the master list. 1 ne
compilation was then checked against existing official catalogs: That
of the Department of Defense, "Digest of War and Emergency Leg-
islation Affecting the Department of Defense" ; that of the Office of
Emergency Planning, "Guide to the Emergency Powers Conferred
by Laws in Effect on January 1, 1969" ; and, the 1962 House Judiciary
Committee synopsis of emergency powers, "Provisions of Federal Law
in Effect in Time of NationalEmergency.

The task of compiling a catalog of emergency powers statutes, there-
fore, has been immeasurably assisted by use of computers, but com-
puters could not replace the need for a systematic and very laborious
hand search of all of the volumes of the U.S. Code, the Statutes-at-
Large, and Senate and House Reports. The following compilation is
intended to be used as a working list of the most relevant emergency
provisions of the law. The Special Committee cannot be certain that
every statute that could or may be called into use during a time of war
or national emergency is in the following compilation. However, the
Special Committee believes that the most significant provisions are
herein cataloged.

The compilation is organized as follows :

1. A summary of all the U.S. Code citations in order of their
appearance in the Code, and specific Public Laws with the Con-
gress and the year they were enacted.

2. The texts of U.S. Code citations and Public Laws with ex-
planatory notes and such material from Senate and House Reports
which explains Congress' primary intent concerning these pro-
visions of law.

3. Citation of statutes in accordance to committee jurisdictions.
The appendix contains :

1. Seven tables that list various breakdowns of the usage of
the United States Code.

2. The four proclamations of national emergenoy now in effect.

3. A subject index.

SUMMARY OF STATUTES DELEGATING POWERS
IN TIME OF WAR OR NATIONAL EMERGENCY

UNITED STATES CODE

Title 2 — The Congress

2 U.S.C. Adjournment date for Congress is not applicable if a
§ 198. state of war exists pursuant to a declaration of war by

the Congress.

Title 5 — Government Organizations and Employees

5 U.S.C. Right to review of agency action by government era-
§§ 701-702. ployees "except ... in time of war or in occupied ter-
ritory."

§ 3101. Until termination of the "national emergency pro-

claimed by the President on December 16, 1950," heads
of executive departments and agencies may require that
initial appointments in the civil service be made on a
temporary or indefinite basis.

§ 3326. Permits the appointments of retired members of the

Armed Forces to positions in the Department of De-
fense when a state of national emergency exists.

§ 5305. Provides procedures for annual pay reports and adjust-

ments for Federal employees during a national emer-
gency or economic conditions.

| 5335. Relates to periodic step-increases for Federal employ-

ees during a period of war or national emergency.

§ 5532. Relates to exceptions to reductions in retirement pay for

retired officers of the uniformed services because of spe-
cial or emergency employment needs.

§ 5564. Relates to the sale of household and personal effects of

employees during an emergency.

§ 8332. Under the Civil Service Retirement Act, as amended, an

employee who, "during the period of any war, or of any
national emergency as proclaimed by the President or
(17)

declared by the Congress," leaves his position to
the military service, shall not be considered as separated
from his civilian position by reason of such military
service, unless he shall apply for and receive a lump-
sum benefit under the act.

Title 7 — Agriculture

7 U.S.C. The President may suspend quota provisions of the
§ 1158. Sugar Act of 1947 whenever he "finds and proclaims

that a national economic or other emergency exists" with

respect to a sugar or liquid sugar.

§ 1332. Relates to termination of national marketing quota for

wheat because of a national emergency.

§ 1371. The Secretary of Agriculture may make an investiga-

tion to determine whether an increase or termination of
marketing quotas in certain commodities is necessary
because of a "national emergency."

§ 1743. Commodity set-asides, under the Agricultural Act of

1954, may be reduced by disposal for disaster relief pur-
poses in the United States or to meet any national emer-
gency declared by the President.

§ 1903. During the period of any national emergency declared

by the President or the Congress, the President, to the
extent deemed by him to be necessary to meet the essen-
tial procurement needs during such emergency, may
modify the limitations on the procurement of livestock
products produced or processed by any slaughterer or
processor who slaughters or handles livestock by meth-
ods other than methods designated and approved by the
Secretary of Agriculture.

Title 8 — Aliens and Nationality

8 U.S.C. The Immigration and Nationality Act of 1952 provides

§§ 1182, 1185, thal^-
1481. (a.) an alien who departs from or remains out

of the United States m order to avoid military
training and service "in time of war or a period de-
clared by the President to be a national emergency"
is ineligible for admission into the United States;
(b.) the travel of aliens to and from the United
States may be controlled "when the United States
is at war or during the existence of any national
emergency proclaimed by the President"; and

(c.) a native-born or naturalized citizen shall lose
his nationality if he departs from or remains out-
side the jurisdiction of the United States "in time
of war or during a period declared by the President
to be a period of national emergency," in order to
evade or avoid military training and service.

) 1440. Relates to naturalization through active duty service

"during any . . . period which the President by Execu-
tive Order shall designate as a period . . . involving
armed conflict with a hostile foreign force . . ."

5 1440e. Relates to exemption from naturalization fee for aliens

who served "during any . . . period which the Presi-
dent by Executive Order shall designate as a period
. . . involving armed conflict with a hostile foreign
force."

j 1442. Relates to exceptions from classification of alien ene-

mies during hostilities.

Title 10 — Abmed Forces

10 U.S.C. "In time of war, or of emergency declared by Congress,"
§ 123. the President may suspend certain provisions of law

relating to reserve commissioned officers of any armed

force.

§ 125. Relates to the functions ; powers, and duties, etc. of the

Armed Forces during periods of hostilities or an immi-
nent threat of hostilities.

§ 142. Relates to appointment to Chairman of the Joint Chiefs

of Staff "in time of war declared by Congress."

§ 143. Relates to the tenure of the Joint Chiefs of Staff,

"except in time of war."

§ 262. The purpose of the reserve components is to provide

trained units and qualified persons available for active
duty in the armed forces "in time of war or national
emergency."

§ 263. Relates to presidential authorization to order Ready

Reserve to active duty during national emergencies.

§ 269. The provision that requires transfer to the Standby

Reserves, of any member of a reserve component who
is not on active duty, shall not be in effect "in time of
war or national emergency declared by Congress."

§ 271. Relates to regulations to be prescribed by the President

regarding continuous screening of the Ready Reserve to
insure "due regard to national security and military
requirements."

§ 331. Relates to Federal aid for State governments whenever

there is "an insurrection" in any State against its gov-
ernment.

§ 332. Relates to the use of militia and armed forces to enforce

Federal authority to suppress rebellions.

§ 333. Relates to authority of President to "take such measures

as he considers necessary to suppress, in a State, any
insurrection, domestic violence, unlawful combination,
or conspiracy."

§ 334. Relates to the President to issue a proclamation to

disperse to insurgents to retire peaceably to their abodes
within a limited time.

§ 351. "During a war and at any other time when the Pres-

ident determines that the security of the United States
is threatened," the President may arm any watercraft
or aircraft that is capable of being used as a means of
transportation.

§ 506. Relates to the extension of enlistments of the regular

components during a "period of war."

§ 511. Enlistments in a reserve component in effect at the be-

§ inning of a war or of a national emergency declared
y Congress, or entered into during such period, con-
tinues until six months after the end of that war or
emergency.

§ 519. Relates to temporary enlistments "in time of war or of

emergency declared by Congress."

§§ 565, 599. "In time of war, or of emergency declared after May 29,
1954, by Congress or the President," the President may
suspend operation of any provision of law relating to
promotion, or mandatory retirement or separation, of
permanent regular or reserve warrant officers of any
armed force.

§ 671a. Relates to extension of active service in armed forces

"for the duration of war."

§ 671b. Relates to Presidential authority to extend active duty

service in "the national interest."'

§ 672. "In time of war or of national emergency declared by

Congress," any member or unit of a reserve component
may be ordered to active duty, without his consent, for
the duration of such war or emergency and six months.

§ 673. Relates to the Ready Reserve in time of a national

emergency.

§ 674. Units and members in the Standby Reserve may be

ordered to active duty (other than for training) "only
m time of war, of national emergency declared by Con-
gress, or when otherwise authorized by law."

A member in the Retired Reserve may, if qualified, be
ordered to active duty without his consent only "in time
of war or of national emergency declared by Congress,"
or when otherwise authorized by law.
If an active duty agreement of a reservist expires "dur-
ing a war or during a national emergency declared by
Congress or the President after January 1, 1953," the
reservist may be kept on active duty without his consent.
"In time of war or of national emergency declared by
Congress or the President after January 1, 1953," a
member of a reserve component may be released from
active duty only upon certain conditions.

Relates to the readjustment payment upon involuntary
release from active duty of non-regulars in the Armed
Forces, except in time of "war or national emergency."

"During a war or a declared national emergency" the
President may detail officers and enlisted men of the
Army, Navy, Air Force, and Marine Corps to the gov-
ernments of such other countries as he deems it in the
interest of national defense to assist.

§ 802, Art. 2. Relates to persons subject to provisions of military
justice "in time of war."

§ 843, Art. 43. Relates to the Statute of Limitations relating to court
martial offenses in time of war.

§ 871, Art. 71. '"In time of war or national emergency," the Secretary
of the branch of the service concerned may commute a
sentence of dismissal of officers to reduction to any en-
listed grade.

§ 1035. Relates to interest on savings deposits of members of

the armed forces during the Vietnam conflict. For the
purposes of this section, the Vietnam conflict ends on
the date "designated by the President by Executive
order."

§ 1161. Relates to the limitations on dismissal of commissioned

officers in "time of war."

§§ 2231, 2233. The Secretary of Defense is authorized to acquire and
expand facilities necessary for use of Reserve compo-
nents in time of war or national emergency.

§ 2235. The Secretary of Defense may not permit any use or

disposition of facilities acquired for certain national
defense purposes, that would interfere with its use "in
time of war or national emergency" by other units of
the Armed Forces or by the United States for any other
purpose.

§§ 675, 672.

§679.

§681.

§ 687.
§712.

§ 2236. States or Territories receiving contributions for exPa£_

sion, etc., of facilities for Reserve components ol tne
Armed Forces, may not permit any use or disposition
of such facility as would interfere with its use in time
of war or national emergency."

1 2304. Contracts for supplies and services may be negotiated

without advertising if determined to be necessary in the
public interest "during a national emergency declared
. by Congress or the President."

§ 2542. Secretaries of the military departments may, in time of

war, lend equipment to the Red Cross for the purpose
of aiding the Armed Services.

§ 2602. Whenever the Presidents finds it necessary he may ac-

cept the services of the American National Red Cross.

§ 2604. Relates to authority of President "whenever . . . neces-

sary to the interest of United States commitments
abroad" to cooperate with and assist the United Sea-
men's Service.

§ 2632. Transportation to and from place of employment may

be furnished, at reasonable rates, to persons employed
in a military department "during a war or during a
national emergency declared by Congress or the Presi-
dent."

§§ 2663,2664. The Secretary of a military department may "in time
of war or when war is imminent," take and use property,
including property for lumber production, immedi-
ately upon the filing of petition for condemnation.

§ 2667. Property leased to another by the Secretary of a mili-

tary department, must be revocable by the Secretary
"during a national emergency declared by the Presi-
dent."

§ 2667. Leases of real or personal property must be revocable

"during a national emergency declared by the Presi-
dent."

§ 2674. Until June 30, 1962, the Secretary of a military depart-

ment may lease housing facilities at or near military in-
stallations for assignment as public quarters to members
and their dependents, when there is a lack of housing
facilities at such installations.

§ 2733. Relates to property loss, personal injury or death inci-

dent to noncombat activities of the Armed Forces.

§ 2734. Relates to property loss, personal injury or death inci-

dent to noncombat activities of the armed forces in
foreign countries.

§ 3031. Limitations on the number of officers of the Army

assigned to permanent duty in the executive office of the
Department of the Army not to apply "in time of war

or of national emergency declared by Congress, or when-
ever the President finds that it is in the national inter-
est" to increase the number so assigned.

§ 3034. Relates to Presidential appointment of the Chief of

Staff "in time of war or national emergency."

§ 3062. The organized peace establishment of the Army consists

of all organizations and units necessary to form the
basis for a complete and immediate mobilization for the
national defense "in the event of a national emergency."

§ 3063. The Secretary of the Army may discontinue or consoli-

date basic branches of the Army for the "duration of
any war, or of any national emergency declared by
Congress."

§ 3201. Restrictions on the authorized personnel strength of any

component of the Armed Forces are suspended until
July 1, 1963.

§ 3202. "In time of war, or of national emergency declared after

May 5, 1954, by Congress or the President," the Presi-
dent may suspend the provisions of law relating to of-
ficers in certain commissioned grades in the Army.

§ 3313. "In time of war or of emergency declared by Congress

or the President," the President may suspend the opera-
tion of any provision of law relating to promotion, or
mandatory retirement or separation, of commissioned
officers of the Regular Army.

§ 3444. "In time of emergency declared by Congress or the

President, and in time of war," the President may
appoint any qualified person in any temporary com-
missioned grade.

§ 3445. "In time of war or of national emergency declared by

the President," a Regular officer or Reserve warrant
officer may be appointed to a temporary grade higher
than his Regular or Reserve grade without vacating
that grade.

§§ 3500, 8500. The President may call into the Federal Service mem-
bers and units of the National Guard of the States, etc.,
whenever "the United States ... is invaded or is in
danger of invasion by a foreign nation."

§ 3741. Relates to the medal of honor during service during an

armed conflict.

§ 3742. Relates to Presidential award of the distinguished serv-

ice cross to persons "while engaged in military opera-
tions involving conflict with an opposing foreign
force."

§3746. Relates to the presentation of the silver star during

service during an armed conflict.

§ 3750. Relates to the presentation of soldier's medal during

actual conflict.

§ 4025. The regular working hours of laborers and mechanics

employed by the Department of the Army aunne a.
national emergency declared by the President, shall be
8 hours per day or 40 hours per week.

§§ 4501,4502, "In time of war or when war is imminent" the Presi-
9501, 9502. dent may order necessary products to be manufactured
at private plants or take over such plants upon refusal
to comply with such orders ; and maintain lists of plants
capable of war production.

§ 4742. Relates to presidential control of transportation sys-

tems "in time of war."

§ 4776. "If in an emergency the President considers it urgent,"

a temporary fort or fortification may be built on pri-
vate land if the owner consents in writing.

1 4780. Relates to the acquisition of buildings in the District of

Columbia in time of war or when war is imminent.

§ 5081. Relates to the reappointment of the Chief of Naval

Operations in time of war or national emergency.

§ 5201. Relates to appointment of Commandant of Marine

Corps "in time of war or national emergency."

§ 5231. "In time of war or national emergency" the limit on the

number of officers serving in the grades of admiral and
vice admiral shall not apply.

§ 5232. The President may designate officers on the active list of

the Marine Corps above the grade of lieutenant colonel
for appropriate higher commands or the performance
of duty of great importance and responsibility "in time
of war or national emergency;" and during such time
the provision restricting the number of positions in the
grade of lieutenant general to two, shall not apply;
such number may be increased to ten.

§ 5234. "During a war or national emergency," the President

may suspend certain provisions relating to distribution
of certain high grades in the Navy and Marine Corps.

§ 5402. The authorized strength of the Regular Marine Corps,

excluding retired members, is 400,000, "except in time
of war or national emergency declared by Congress
after June 28, 1952."

§ 5447. The limit on the number of officers not restricted in the

performance of duty who may hold permanent appoint-
ments on the active list in the line of the Navy in the
grade of rear admiral shall not apply "in time of war
or national emergency."

i 5448(e). The limit on the number of officers who may have per-
manent appointments on the active list of the Marine
Corps in the grades of major general and brigadier
general shall not apply "in time of war or national
emergency."

§ 5448(f). The number of Marine Corps officers on the active list
designated for supply duty Holding permanent appoint-
ments in the grade of brigader general may not exceed
four, "except in time of war or national emergency."

5 5449(a). The limit on the numbers of officers who may hold
permanent appointments on the active list of the Navy
in certain designated corps, in the grade of rear admi-
ral, shall not apply "in time of war or national emer-
gency."

] 5450. The limit on the number of retired officers of the Reg-

ular Navy in the grade of rear admiral and above who
may be on active duty shall not apply "in time of war
or national emergency."

I 5451. "During a war or national emergency," the President

may suspend any provisions of law relating to distribu-
tion in grade of officers of the Navy and Marine Corps.

§ 5451 (b) . The President may suspend provisions of law relating
to officers serving in grades above lieutenant in the Navy
or captain in the Marine Corps "only during a war or
national emergency declared by Congress or the Presi-
dent after May 5, 1954."

1 5597. Certain temporary appointments in the Navy and

Marine Corps, provided for in U.S.C. 10 :5597, may be
made only "in time of war or during a national emer-
gency declared by the President."

] 5598. "In time of national emergency declared by the Presi-

dent or by Congress, and in time of war," temporary
appointments may be made in any commissioned grade
in the Naval Reserve or the Marine Corps Reserve from
qualified persons; such appointments to be effective
until 6 months after such war or emergency.

} 5599. The President may increase the number of appoint-

ments made in the Medical Corps in the Navy "in time
of war or declared national emergency."

} 5662. "During a war or national emergency," the President

may suspend certain provisions of law (10 U.S.C.
§§5651-5661) relating to running mates in the Navy.

j 5711. "During a war or national emergency," the President

may suspend provisions of law (10 U.S.C. §§ 5701-
5710) relating to Navy and Marine Corps selection
boards.

1 5785. "During a war op national emergency £ the Pj?^!1*

may suspend provisions of law (10 TJ.S.G. g§ v.'0L~
5784) relating to Navy and Marine Corps promotions.

§ 5787. Certain temporary promotions in the Navy and Marine

Corps may be made "only in time of war or during a
national emergency declared by the President.

§ 5982. Relating to the detail of retired officers to command

on ships and squadrons in time of war.

§ 6241. Relates to the presentation of the Medal of Honor in the

Navy while engaged in armed conflict.

§ 6242. Relating to the presentation of the Navy Cross while

engaged in armed conflict.

§ 6244. Relates to Presidential award of the Silver Star medal

to persons "engaged in military operations involving
conflict with an opposing hostile force."

§ 6246. Relates to the presentation of Navy and Marine Corps

medals during a period of armed conflict*

§ 6386(c). The President may suspend provisions of law (10U.S.C.

§§ 6371-6385) relating to involuntary retirement, sepa-
ration, and furlough of officers of the Navy and Marine
Corps "during a war or national emergency."

§6408. Relates to the limitation on dismissal of Navy and

Marine Corps warrant officers, except in time of war.

§ 6481. "In time of war or national emergency declared by the

President," the Secretary of the Navy may order any
retired officer of the Regular Navy or the Regular
Marine Corps to active duty at sea or on shore.

§ 6482. "In time of war or national emergency," the Secretary

of the Navy may order to active duty any retired en-
listed member of the Regular Navy or the Regular Ma-
rine Corps.

§ 6485(a). A member of the Fleet Reserve or the Fleet Marine
Corps Reserve may be called to active duty without his
consent "in time of war or national emergency declared
by Congress," or "in time of national emergency de-
clared by the President."

§ 6486. "In time of war or national emergency declared by Con-

gress or by the President after January 1, 1953," a
member of the Fleet Reserve or the Fleet Marine Corps
Reserve may be released from active duty only under
certain conditions.

§ 6587. Rear admirals on the retired list entitled to pay of the

lower half and who serve satisfactorily for two years
on active duty "in time of war or national emergency"
in that grade or higher, are entitled to retired pay equal
to 75 percent of pay of a rear admiral in the upper
half.

1 6911(b). The requirement that 20 percent of the aviation cadets
procured in each fiscal year shall be procured from
qualified enlisted members of the Eegular Navy and
the Eegular Marine Corps, shall not apply "in time of
war or emergency declared by Congress.

\ 7224. The Secretary of the Navy may authorize the trans-

portation and subsistence of certain persons on naval
vessels at Government expense, "in time of war or dur-
ing a national emergency as declared by the President."

"In time of war or during a national emergency de-
clared by the President" persons designated by the Sec-
retary of the Navy may be transported and subsisted on
naval vessels at Government expense.

§ 7722. Relates to stay of court proceedings endangering the

security of naval operations "in time of war."

§ 7724. Relates to the stay of proceedings for taking evidence

before a suit is filed for damages caused by naval action
in time of war.

§ 7727. Relates to the duration of stay of proceedings for suits

relating to naval damages in time of war.

§ 8031 (c). The limit on the number of officers of the Air Force who
may be assigned to permanent duty in the executive part
of the Department, shall not apply in time of war or of
national emergency declared by Congress, or "whenever
the President finds that it is in the national interest" to
increase the number.

§ 8031(d). Restrictions on the tour of duty of commissioned of-
ficers of the Air Force detailed to duty in the executive
part of the Department shall not apply "in time of war,
or of national emergency declared by Congress."

§ 8034. Relates to appointment of Chief of Staff of the Air

Force "in time of war or national emergency."

§ 8202. "In time of war, or of national emergency declared after

May 5, 1954, by Congress or the President," the Presi-
dent may suspend provisions of law relating to the au-
thorized strength of officers in the Air Force.

§ 8212. Relates to the strength in grade, temporary increases of

the Air Force during an emergency.

§ 8257(d). The requirement that at least 20 percent of the aviation
cadets designated in each fiscal year shall be selected
from members of the Regular Air Force or the Regular
Army who are eligible and qualified, shall not apply "in
time of war or of emergency declared by Congress."

8 8313 "In time of war or of emergency declared by Congress

or the President" the President may suspend the opera-
tion of any provision of law relating to promotion, or
mandatory retirement or separation, of commissioned,
officers of the Regular Air Force.

S 8395. Relates to appointment of reserve officers "in time of

war."

\ 8444(a). "In time of emergency declared by Congress or the Pres-
ident, and in time of war," the President may appoint
any qualified person in any temporary commissioned
grade in the Air Force.

5 8445(a). "In time of war or of national emergency declared by
the President," a Regular officer or Reserve warrant of-
ficer may be appointed in a temporary grade of the Air
Force higher than his Regular or Reserve grade with-
out vacating that grade.

§ 8741. Relates to the presentation of the Medal of Honor to

members of the Air Force during armed conflict.

§ 8742. Relates to Presidential award of Air Force cross to per-

sons "engaged in military operations involving conflict
with an opposing foreign force."

§ 8746. Relates to the presentation of the Silver Star to mem-

bers of the Air Force during armed conflict.

§ 8750. Relates to the presentation of the Airmans' Medal to

members of the Air Force during armed conflict.

§ 9022. Relating to the employment of contract surgeons by the

Air Force during an emergency.

§ 9025. "During a national emergency declared by the Presi-

dent," the regular working hours of laborers and me-
chanics of the Department of the Air Force are 8 hours
a day or 40 hours a week.

§ 9441. Relating to the payment of travel expenses to members

of the Civil Air Patrol "in time of war or of national
emergency."

§ 9501 (c) . The Secretary of the Air Force may authorize payment
of travel expenses and allowances for members of the
Civil Air Patrol while engaged in carrying out certain
missions "in time of war or national emergency . . .
declared by the Congress or the President, after May 27,
1954."

§ 9502. Relates to industrial mobilization in time of war or

when war is imminent.

§ 9591. Relates to the operations of a public utility by the Air

Force in field overseas during actual or threatened
hostilities.

§ 9742. Relates to Presidential control of transportation sys-

tems "in time of war."

§ 9773. Relates to the acquisition and construction of air bases

and depots during national emergencies.

§ 9776. If in "an emergency" the President considers it urgent

a temporary airbase or fortification may be built on
private land if the owner consents in writing.

§ 9780.

12 U.S.C.
§95.

§95a.

§249.

§ 635f.

§ 1425a.
§ 1703(b)

§ 1705.
§ 1784b.

14 U.S.C.
§3.

§214.

Relates to the acquisition of buildings in the District of
Columbia by the Air Force in time of war or when war
is imminent.

Title 12 — Banks and Banking

Relates to limitations and restrictions on business of
members of the Federal Reserve System "during such
emergency period as the President . . . may prescribe."

"During the time of war or during any other period of
national emergency declared by the President," he may
provide for the regulation of transactions in foreign
exchange, and certain transactions of member banks of
the Federal Reserve System, etc.

Control over consumer credit may be exercised only
"during the time of war beginning after" August 8,
1947, "or any national emergency declared by the Presi-
dent" after such date.

The operating authority of the Export-Import Bank
of Washington is extended for a period of 5 years,
namely from June 30, 1958, to June 30, 1963.
Relates to supension of liquidity requirements for sav-
ings and loan associations in time of national emergency.
The authority to insure financial institutions making
loans under the National Housing Act is continued to
September 30, 1965.

The authority under the Defense Housing and Com-
munity Facilities and Services Act to make loans to
public and nonprofit agencies for construction of hospi-
tals, is revived to continue until June 30, 1962.
Relates to the allocation of funds for housing mortgages
for emergency purposes.

A limitation is placed on the insurance of mortgages
under the Armed Services Housing Mortgage Insur-
ance Title of the National Housing Act, after October 1,
1962.

Title 14 — Coast Guard

Relates to operation of the Coast Guard as a service in
the Navy "[u]pon declaration of war or when the Presi-
dent directs.

Relates to the original appointment of temporary
officers in the Regular Coast Guard.

24-509 O - 73 - 4

§275.

§331.
§359.
§367.

§371.
§491.
§493.

§652.

§778.

15 U.S.C.
§76.

§77.

16 U.S.C.
§440.

Relates to suspension of provisions pertaining to the
selection, promotion, and involuntary separation of
officers "[i]n time of war, or of national emergency
declared by the President or Congress."
In time of war or national emergency, the Secretary
may order any regular officer of the Coast Guard on the
retired list to active duty.

The Commandant of the Coast Guard may "in times of
war or national emergency," order enlisted men on the
retired list to active duty.

"During a period of war or national emergency as pro-
claimed by the President," enlisted men of the Coast
Guard may be detained beyond the term of their enlist-
ments.

Relates to procurement of aviation cadets "in time of
war or national emergency declared by Congress."

Relates to the presentation of the Medal of Honor to
members of the Coast Guard during an armed conflict.

Relates to Presidential presentation of Coast Guard
Medal for Service "not involving an actual conflict with
the enemy."

Relates to the removal of restrictions on purchase con-
tracts by the Coast Guard during a war or national
emergency.

"In time of war or national emergency declared by the
Congress," the President may suspend provisions of law
relating to reserved commissioned officers of the Coast
Guard.

Title 15 — Commerce "and Trade

Relates to Presidential authority to retaliate against re-
strictions of importations "during the existence of a
war in which the United States is not engaged."
Relates to discrimination against neutral Americans
"during the existence of a war in which the United
States is not engaged."

Title 16 — Conservation

The Secretary of the Interior may in case of a national
emergency close Fort McHenry military reservation
and use it for such period of time thereafter as the Dub-
lic needs may require. r

} 590p. Relates to termination or modification of agreements

with owners and operators of land in the Great Plains
area "because of an emergency created by drought or
other disaster."

\ 809. Projects licensed under the Federal Water Power Act

for the manufacture of nitrates, etc., may be requisi-
tioned by the United States when, in the opinion of the
President the safety of the United States demands it.

§ 824a. The Federal Power Commission may, in time of war or

when it determines that an electrical power crisis exists,
require whatever generation, delivery, or transmission
of electrical energy as will best meet the emergency.

j| 831d. Relates to maintenance and operation of plants for pro-

duction, sale, and distribution of fertilizers and power
"in case of war or, until six months after the termina-
tion of the national emergency proclaimed by the Pres-
ident on December 16, 1950."

§ 831n-4. Restrictions on the sale or delivery of electric power by
the TVA outside certain areas shall not prevent the
transmission of TV A power to the Atomic Energy
Commission or the Department of Defense or any
agency thereof, on certification of the President that
"an emergency defense need for such power exists."

§ 831s. Relates to power of the United States Government to

take possession of fertilizer and power plants "in case
of war or national emergency declared by Congress."

§ 832g. Relates to the purchase of supplies and services by the

Army from certain public works projects.

§ 833f. Relates to the purchase of supplies and services by the

Army from various public works projects.

Title 18 — Crimes and Criminal Procedure

18 U.S.C. Relates to criminal penalties for gathering, transmit-

§ 793. ting, or losing defense information.

§ 794. Relates to provisions of the Criminal Code on espio-

nage and censorship on the gathering or delivering de-
fense information to aid a foreign government.

§ 795. Relates to the provisions of the Criminal Code relating

to photographing and sketching defense installations.

§§ 798, 2157, Provisions of the Criminal Code which impose heavier
2391. penalties for certain acts of espionage and sabotage in

time of w.ir, are continued in effect "until six months
after the termination of the national emergency pro-
claimed bj the President on De>^mber 16, 1950."

§ 963. Relates to Presidential authority to detain armed ves-

sels "during a war in which the United States is a neu-
tral nation.

§ 967. Relates to the departure of vessels forbidden in aid

of neutrality during a war.

§ 1383. Provides for the imprisonment or fining of anyone who

knowingly enters a military zone prescribed by the
President, the Secretary of the Army, or any military
commander designated by the Secretary of the Army.

§§ 2153, 2154. When the United States is at war, or in times of na-
tional emergency as declared by the President or by
the Congress, wilful injury to or destruction of war ma-
terial or the production of defective war material is
punishable by a fine of $10,000 and/or imprisonment
up to thirty years.

§ 2511. Relates to the Criminal Code provisions on interception

and disclosure of wire or oral communications.

§ 3287. Relates to wartime suspension of the statute of limita-

tions for certain offenses.

Title 19 — Customs Duties

19 U.S.C. "Whenever the President shall by proclamation declare
§ 1318. an emergency to exist by reason of a state of war or

otherwise," he may extend the time for the performance
of certain acts under the Tariff Act of 1930, and permit
free importation of food, clothing, and medical supplies
for use in emergency relief work.

§ 1351. Relates to the authority of the President to modify im-

port restrictions "for the duration of war or an emer-
gency."

§ 1862. Relating to the report on investigations by the Director

of Office of Emergency Preparedness.

Title 20 — Education

20 U.S.C. Relates to the authority of the President to preserve a
§ 79. certain area in the Canal Zone "except in the event of

declared national emergency."

§ 241-1. Relates to assistance for current school expenditures in

cases of certain disasters.

§ 646. Relates to assistance by the Office of Emergency Plan-

ning relating to schools, etc. during cases of disasters.

Title 22 — Foreign Relations and Intercourse

The President may order the seizure and detention of
arms or munitions of war being exported or shipped out
of the United States in violation of law.

Relates to proclamation of state of war between foreign
states.

Relates to financial transactions during a state of war.

Relates to restrictions on use of American ports during
any war.

Relates to the restrictions on submarines and armed
merchant vessels during any war.

Relates to the prevention of offenses against neutrality
during any war.

Relates to detention by collectors of customs of arms
and munitions of wars.

Relates to congressional declaration of policy, embargo
on war materials, denial of assistance to nations failing
to embargo shipments during a war.

Relates to military assistance in the general area of the
Middle East against armed aggression from any coun-
try controlled by international communism.
Relates to the furnishing of military assistance to the
United Nations Emergency Force.
Relates to the expiration of the provisions relating to
the Middle East peace and stability.
Relates to the prohibitions against furnishing foreign
assistance in the national interest.
Relates to Presidential authority to negotiate a sale of
supersonic planes to Israel to prevent future Arab ag-
gression.

Title 25 — Indians

25 U.S.C. Relates to the abrogation of Indian Treaties when any
§ 72. Indian tribe is in actual hostility.

Title 26 — Internal Revenue Code

26 U.S.C. Relates to determination of adjusted basis of facility
§ 168. certified by the President "as necessary in the interest

of national defense during [an] emergency period" .for

purposes of amortization.

22 U.S.C.
|401.

S441.

|W7.
§ 450.

§451.

§461.

§464.

.§ 1611.

§ 1962.

§ 1963.
§ 1965.
§ 2370.
| 2410.

§ 7508.

29 U.S.C.
§176.

§178.

31 U.S.C.
§§ 80a, 80b.

§80c.
§203.

§241.

32 U.S.C.
§104.

§111.

Relates to the time for performing certain acts under
the Internal Revenue Code postponed by reason of war.

Title 29 — Labor

Relates to the appointment of boards of inquiry by the
President in national emergencies because of labor
disputes.

Relates to strikes, subject to injunction during national
emergencies because of labor disputes.

Title 31 — Money and Finance

"In time of war or national emergency," and for 18
months thereafter, the time for examination of monthly
accounts of disbursing officers of the Army, Navy,
Marine Corps, and Coast Guard, is extended from 60 to
90 days.

Relates to extension of time for examination of ac-
counts of Navy expenditures "in time of war or during
any emergency declared by Congress."

The Assignment of Claims Act of 1940 is amended so
as to facilitate the financing of defense contracts "in
time of war or national emergency proclaimed by the
President (including the national emergency pro-
claimed December 16, 1950) or by Act or joint resolu-
tion of the Congress and until such war or national
emergency has been terminated."

Relates to time limitations for presentation of certain
claims by members of the uniformed services "in time
of war or in time of armed conflict."

Title 32 — National Guard

Relates to the organization of the Army National Guard
and the composition of its units subject "in time of
peace" to certain general exceptions.

Relates to Presidential authority to suspend operation
of certain provisions relating to the recognition and dis-
charge of officers in the Army National Guard or Air
National Guard "[i]n time of war, or of emergency
declared by Congress."

§ 302. Enlistments in the National Guard (which are for three

years for original enlistments and one to three for re-
enlistments), may, if "an emergency is declared by Con-
gress," be extended by the President until six months
after the termination of that emergency.

§ 715. Relates to certain claims against the United States sub-

ject to exceptions for claims accruing "in time of war or
armed conflict."

Title 33 — Navigation and Navigable Waters

33 U.S.C. "In time of emergency declared by the President or by
§ 853. the Congress, and in time of war," the President may

suspend provisions of the Coast and Geodetic Survey
Commissioned Officers' Act pertaining to promotion.

§ 854a-l. Relates to temporary appointment or advancement of
commissioned officers of the National Oceanic and
Atmospheric Administration "in time of war or national
emergency."

§ 855. The President may transfer vessels, equipment, stations,

and personnel of the Coast and Geodetic Survey to the
jurisdiction of the Department of Defense, "whenever
in his judgment a sufficient national emergency exists."

Title 35 — Patents

35 U.S.C. Orders to keep inventions secret and withhold patents
§ 181. in effect or issued, "during a time when the United

States is at war" or "during a national emergency de-
clared by the President," shall remain in effect for the
duration of the war and 1 year following cessation of
hostilities, and for the duration of the emergency plus
6 months.

Title 37 — Pat and Allowances of the Uniformed Services

37 U.S.C. Relates to pay grades of certain retired rear admirals
§ 202. who served on active duty "in time of war or national

emergency."

§ 310. Relates to special pay for members of the uniformed

services whose duty was subject to hostile fire.

8 407. Exempts the provisions of law relating to travel and

transportation allowances of the uniformed services in

time of national emergency.
§ 427. Relates to family separation allowances of members of

uniformed services subject to exceptions for "war or

. . . national emergency."
§901. Relates to wartime pay of an officer of the armed

forces exercising command higher than his grade.

Title 38 — Veterans' Benefits

38 U.S.C. Relates to definitions for purposes of Title 38.— Vet-
§ 101. erans Benefits. The term "period of war" is defined to

begin "on the date of any future declaration of war by
the Congress" and ending on the date "prescribed by
Presidential proclamation or concurrent resolution of
the Congress."

§ 521. Relates to non-service-connected disability pensions for

veterans of wars.

Title 40 — Public Buildings, Property, and Works

40 U.S.C. "During wartime or national emergency," the proce-
§ 71d. dures prescribed for proposed Federal and District of

Columbia developments and projects shall not apply to
projects within the Capitol grounds or to structures
erected on military reservations.

§ 276a-5. "In the event of a national emergency" the President
may suspend provisions of the act of August 30, 1935,
relating to rate of wages for laborers and mechanics
employed on public buildings.

§ 278b. "During war or a national emergency declared by Con-

gress or by the President" provisions of the act of
June 30, 1932, restricting the rental on buildings leased
to the Government to 15 percent of the fair market
value, may be suspended.

§ 314. Relates to the authority of the President to make sales

of war supplies to foreign states or governments "en-
gaged in war against any government with which the
United States is at war."

§ 484. The General Services Administrator may negotiate for

disposal of surplus property without regard to require-
ments of advertising for bids, etc., but subject to ob-
taining such competition as is feasible under the cir-

§534.

41 U.S.C.
§11-

§15.
§252.

42 U.S.C.
§204.

§ 210-1.
§211.

§217.

cumstances, if necessary in the public interest "during
the period of a national emergency declared by the
President or the Congress."

Relates to waiver of procedures for disposal and acqui-
sition of real property "during any period of national
emergency declared by the President."

Title 41 — Public Contracts

Permits the Armed Services to purchase clothing, for-
age, fuel, and other supplies without an appropriation
from Congress.

The Assignment of Claims Act of 1940 is amended so as
to facilitate the financing of defense contracts "in time-
of war or national emergency proclaimed by the Presi-
dent (including the national emergency proclaimed
Decmeber 16, 1950) or by Act or joint resolution of the
Congress and until such war or national emergency has
been terminated."

Contracts for supplies and services, under the Federal
Property and Administrative Services Act of 1949, may
be negotiated without advertising if determined to be
necessary in the public interest "during the period of a
national emergency declared by the President or by the
Congress."

Title 42 — The Public Health and Welfare

Relates to the composition of commissioned Regular
Corps and a Reserve Corps "for the purpose of securing
a reserve for duty in the Service in time of national
emergency."

The prohibition on granting of annual leave to officers
of the Public Health Service between date of applica-
tion for, and effective date of retirement,, is waived in
cases of "emergency."

"In time of war, or of national emergency proclaimed by
the President," commissioned officers of the Regular
Corps of the Public Health Service may be recom-
mended for promotion whether or not a vacancy occurs
in such grade.

"In time of war, or of emergency proclaimed by the
President," the President may utilize the Public Health
Service to such extent as he deems necessary in the pub-
lic interest.

§ 266. Relates to special quarantine powers of the Public

Health Service in time of war.

§ 1313. The Secretary of Health, Education, and Welfare is

authorized to provide temporary assistance to United
States citizens and their dependents who have been re-
turned to the United States from a foreign country
because of "war, threat of war, invasion, or similar
crisis . . . and are without available resources."

§ 1477. Relates to preferences for veterans and families of de-

ceased servicemen. "Veteran" is defined to mean "a per-
son who served in the military forces of the United
States during any war between the United States and
any other nation."

§ 1541. Relates to termination of certain provisions pertaining

to defense, housing projects, and works "[w]hen the
President shall have declared that the emergency de-
clared by him on September 8, 1939, has ceased to
exist."

§ 1592. Relates to the authority of the administrator of the

Housing and Home Finance Administration relating
to critical defense housing areas.

§ 1711. Defines "war-risk hazard," "hostile force or person,"

and "war activities" for the purposes of public health
and welfare statutes.

§ 1712. Relates to the definition of war-risk hazard for such

benefits.

§ 2138. "Whenever the Congress declares that a state of war or

national emergency exists" the Atomic Energy Commis-
sion may suspend licenses granted under the Atomic
Energy Act.

§§ 2165, The Atomic Energy Act of 1954 is amended so as to
2201. provide (1) that "whenever the Congress declares that

a state of war exists, or in the event of a national dis-
aster due to enemy attack," the Atomic Energy Com-
mission may employ individuals and permit them to
have access to Restricted Data, before completion of
their security check, and (2) to authorize the Commis-
sion to establish a succession of authority which will as-
sure the continuity of direction of the Commission's
operations "in the event of a national disaster due to
enemy activity."

Title 43 — Public Lands

43 U.S.C. The requirement that withdrawals or reservations of
§ 155. more than 5,000 acres of public lands of the United

States for use of the Defense Department for defense

purposes be made only by act of Congress, is not appli-
cable "in time of war or national emergency hereafter
declared by the President or the Congress."

Relates to restrictions on delivery of water for produc-
tion of excessive basic commodities "in the interest of
national security."

Relates to certain rights and powers retained by the
United States pertaining to the purchase of national re-
sources "[i]n time of war or when necessary for na-
tional defense."

All leases issued under the Outer Continental Shelf
Lands Act shall contain a provision vesting authority
in the Secretary of the Interior, "during a state of war
or national emergency declared by the Congress or the
President of the United States" after August 7, 1953,
to suspend operations under any such lease.

Title 44 — Public Printing; and Documents

Relates to Presidential authority to suspend require-
ments for filing of documents for publication in the
Federal Register "as a result of attack or threatened
attack."

Relates to the authority of the head of an agency of the
United States Government to destroy records outside
the continental United States "during a state of war be-
tween the United States and another nation, or when
hostile action by a foreign power appears imminent."

Title 45 — Railroads

§ 228c-l. Relates to provisions for inclusion of years of military
service in determining eligibility for an annuity and
computations under the Railroad Retirement Act of
1937. The term "war period" is defined as beginning on
"the date on which the Congress of the United States
declared war."

Title 46 — Shipping

46 U.S.C Relates to Presidential designation of "hospital ships"
§§ 133, 134. which shall "in time of war" be exempted from all dues

and taxes imposed on vessels by the laws of the United

States.

§ 1616ZZ.
§1314.

§1341.

44 U.S.C.
§ 1505.

§3311.

§ 249a. The Secretary of Commerce may issue distinguished

service ribbon bars for outstanding and meritorious
service by members of the United States Merchant Ma-
rine after June 30, 1950, "in any time of war, or national
emergency proclaimed by the President or by Congress."

§ 835. "When the United States is at war, or during any na-

tional emergency, the existence of which is declared by
proclamation of the President," it shall be unlawful,
without the consent of the Federal Maritime Board, to
transfer American ships to a foreign registry, to sell
American vessels to other than citizens, to agree to con-
struct vessels for other than citizens, etc.

§ 861. Declaration of policy to develop and encourage the

maintainence of the merchant marine for use in time
of war or national emergency.

§ 1132. "During a national emergency as proclaimed by the

President," he may suspend provisions of section 302 of
the Merchant Marine Act of 1936, relating to citizenship
of officers and crews of vessels.

§ 1151. Applications to the Federal Maritime Board for con-

struction differentials must not be approved by the
Board unless plans and specifications indicate vessel
will be suitable for use by the United States "in time of
war or national emergency."

§ 1161. Relates to the establishment of reserve funds for the

construction or acquisition of vessels certified by the
Secretary of Commerce to be "desirable for use by the
United States in case of war or national emergency."

§§ 1202, 1242. Charters of vessels may be terminated by the Federal
Maritime Board, and vessels of citizens may be requisi-
tioned "whenever the President shall proclaim that the
security of the national defense makes it advisable, or
during any national emergency declared by proclama-
tion of the President."

§ 1241. In amending the Merchant Marine Act so as to provide

permanent legislation for the transportation of a sub-
stantial portion of waterborne cargoes in United States-
flag vessels, Congress stipulates that provisions under
the amendment may be waived "whenever the Congress
by concurrent resolution or otherwise, or the President
of the United States or the Secretary of Defense de-
clares that an emergency exists justifying a temporary
waiver."

§ 1294. Whenever adequate insurance is not otherwise avail-

able, until September 7, 1965, the Secretary of Com-
merce may provide (1) war risk insurance for water-
borne commerce of the United States, and (2) certain
marine and liability insurance for the protection of
certain vessels, cargoes, and crews.

§ 1402. Relates to federal subsidies for construction of private

fishing vessels which are suitable for use by the United
States for National Defense or Military purposes "in
time of war or national emergency."

§ 1406. The law providing a program to assist certain depressed

segments of the fishing industry by allowing subsidies
to aid in construction of new fishing vessels, stipulates
that the plans and specifications for the vessel are suit-
able, among other things, for use by the United States
for national defense or military purposes "in time of
war or national emergency."

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

47 U.S.C. The requirement that the Federal Communications
§ 308. Commission receive written application before granting

a radio station construction permit or station license
may be waived "during a national emergency pro-
claimed by the President or declared by the Congress
and during the continuance of any war in which the
United States is engaged," and when such action is nec-
essary for the national defense.

§ 606(a). Under the Communications Act of 1934, the President
is authorized, "during the continuance of a war in which
the United States is engaged," to direct that preference
be given to communications that he deems essential to
national defense.

§ 606(c). "Upon proclamation by the President that there exists
war or a threat of war, or a state of public peril or dis-
aster or other national emergency," the President may
suspend rules and regulations applicable to radio sta-
tions or to electromagnetic radiation control.

Title 49 — Transportation

49 U.S.C. Certain preferences and priorities in the transportation
§ 1. of traffic under sections 1(15) and 420 of the Interstate

Commerce Act, are continued in full force and effect
"until six months after the termination of the national
emergency proclaimed by the President on December
16, 1950," or until such earlier date as the Congress by
concurrent resolution designates.
§ 6. Relates to preferences of shipments in time of war to

the United States.

§ 1020. Relates to special powers of freight forwarders during

time of war or other emergency.

§ 1343. Relates to the powers of the Federal aviation adminis-

tration in time of war.

§ 1348. Relates to the use of airspace control and facilities for

military emergencies.

Title 50 — Wak and National Defense

50XJ.S.C. Relates to the restraint, regulations, and removal of
§ 21. alien enemies during a declared war.

§ 82. Relates to the procurement of ships and material dur-

ing war.

§ 98d. Stocks of strategic and critical materials acquired under

the Stockpiling Act shall not be released for use, sale,
etc., except "in time of war or during a national emer-
gency."

§ 167c. "Whenever Congress or the President declares that a

war or national emergency exists," the Secretary of the
Interior may suspend licenses issued for the sale and
transportation of nelium in interstate commerce.

§ 191. The President may provide for the control and anchor-

age of foreign-flag vessel in territorial waters of the
United States, whenever he "finds that the security of
the United States is endangered by reason of actual or
threatened war, or invasion or insurrection, or subver-
sive activity," etc.

§§ 196-198. The President may, though the Secretary of Commerce,
acquire foreign-flag vessels lying idle in United States
waters, whenever the security of the national defense
makes it advisable or "during any national emergency
declared by proclamation of the President."

§ 205. Relates to the suspension of commercial intercourse

with a State in insurrection.

§ 206. Relates to the suspension of commercial intercourse

with part of State in insurrection.

§ 207. Relates to the actions of persons affected by suspension

of commercial intercourse when a State is in insurrec-
tion.

§ 208. Relates to the licensing or permitting commercial inter-

course with a State or region in insurrection.

§ 212. Relates to the confiscation of property employed to aid

insurrection in a State.

§ 223. Relates to forfeiture of vessels owned by citizens of in-

surrectionary States.

§§ 451-162. Relates to comprehensive program to assure a national
reserve of machine tools and industrial manufacturing
equipment to supply the needs of the Armed Forces "in
time of national emergency or in anticipation thereof."

§ 812. In the event of a declaration of a war by Congress, or if

the President finds on account of certain existing cir-
cumstances that the proclamation of an emergency is
essential to the preservation, protection, and defense of
the constitution, he may proclaim such as an Internal
Security Emergency whereupon certain defensive meas-
ures shall be provided.

§ 832. Relates to full field investigation and appraisal of per-

sonnel security procedures in the National Security
Agency.

§ 1431. Relates to the authorization and restrictions of National

Defense Contracts.

§ 1435. Effective "during a national emergency declared by

Congress or the President and for six months after the
termination thereof or until such earlier time as Con-
gress, by concurrent resolution, may designate," the
President may authorize any department or agency of
the Government exercising functions in connection with
the prosecution of the national defense effort, to enter
into contracts or amendments or modifications of con-
tracts, and to make advance payments thereon without
regard to other provisions of law relating to contracts
whenever he deems such action would facilitate the
national defense.

[Note. — This authority which was contained in
Title II of the First War Powers Act and was to have
expired thereunder June 30, 1958, is now permanently
on the books for activation during any periods of
national emergency.]
§§ 1511, 1512, Relates to reports to Congress on chemical and biological
1513, 1515, warfare program.
1516, 1517,

1518.

Title 50, Appendix — War and National Defense

50U.S.C. Relates to Presidential authority under the Trading
§ 3_ With the Enemy Act to censor certain communications

passing between the United States and any foreign

country "during the present war."

4. Relates to the licenses to enemy or allies of enemy in-
surance or reinsurance companies doing business in the
United States.

5. Relates to Presidential authority under the Trading
With the Enemy Act to regulate transactions m foreign
exchange of gold and silver, property transfers, Tested
interests, enforcement and penalties "during the time
of war or during any other period of national emer-
gency declared by the President."

j 6. Relates to Presidential authority under the Trading

With the Enemy Act to appoint and prescribe the duties
of an alien property custodian "who shall be empowered
to receive all money and property in the United States
due or belonging to an enemy."

j 7. Relates to procedures to be followed such as lists of

enemy or ally of enemy officers, directors or stock-
holders of corporations in United States, etc. under the
Trading With the Enemy Act.

i 8. Relates to suspension of the statute of limitations under

the Trading With the Enemy Act oh certain contracts
and obligations "until after the end of the war."

j 9. Relates to claims to property, etc., under the Trading

With the Enemy Act in time of war or during national
emergency.

i 10. Relates to procedures, etc. relating to patents, trade-

marks or copyrights under the Trading With the En-
emy Act.

} 11. Relates to Presidential authority under the Trading

With the Enemy Act to impose certain prohibitions on
imports "during the present war."

J 12. Relates to procedures to be followed in the transfer of

property to the Alien Property Custodian under the
Trading With the Enemy Act.

} 14. Relates to refusal to grant clearance for export of gold

or silver coin in cargoes "[d]uring the present war"
under the Trading With the Enemy Act."

5 19. Relates to the printing, newspaper or publication in

foreign languages under the Trading With the Enemy
Act.

\ 32. Relates to the procedure of return of enemy property

by the Alien Property Custodian, under the Trading
With the Enemy Act.

1 38. Relates to the shipment of relief supplies under the

Trading With the Enemy Act.

J 40. Relates to the authority of the President relating to

intercustodial conflicts involving enemy property un-
der the Trading With the Enemy Act.

§ 785. The restriction on the making of photographs and

sketches of properties of the military establishment
(originally to be effective for the duration of World
War II), is continued in effect "until six months after
the termination of the national emergency proclaimed
by the President on December 16, 1950."

§ 1211. Relates to renegotiation of contracts for the procure-

ment of property, processes, and services, and construc-
tion of facilities "necessary for the national defense."

§ 1213. Relates to definitions for purposes of provisions per-

taining to renegotiation of contracts. "Department" is
defined to include any agency of the Government "exer-
cising functions having a direct and immediate connec-
tion with the national defense which is designated by
the President during a national emergency proclaimed
by the President, or declared by the Congress."

§ 1216. Relates to exceptions to the applicability of certain pro-

visions pertaining to the renegotiation of contracts
"during a national emergency proclaimed by the Presi-
dent."

§ 1622. "During any national emergency declared by the Presi-

dent or by the Congress," the United States may have
exclusive or nonexclusive control and possession of air-
ports disposed of as surplus under authority of this
act.

§ 1742. Places limit on compensation to be paid for the use of a

vessel by the United States prior to the termination of
the 1941 national emergency.

§ 1744. Relates to the sale of surplus war-built vessels.

§§ 1878e, Relates to the loan of ships to friendly nations in an

1878s, emergency.

1878vv.

§ 2005. Relates to benefits, etc. for prisoners of war.

§§ 2071-73, Certain powers of the President under the National
2151-63, Defense Production Act of 1950, are extended to
2166. June 30, 1972, such as : (1) priorities and allocations of

materials and facilities for defense contracts, (2) en-
couragement to small business enterprises to make con-
tributions towards defense efforts, and (3) employment
of experts and consultants, at daily rates of compensa-
tion.

8 2093. The authority to purchase strategic materials under

section 303 of the Defense Production Act is extended

from June 30, 1963, to June 30, 1965.
8 2291. Relates to proclamation of emergency and termination

thereof during a civil defense emergency.
8 2292. Relates to the utilization of Federal departments and

agencies during a civil defense emergency.

24-509 O - 73 - 5

§ 2293. Relates to the emergency powers of the Civil Defense

administrator.

§ 2294. Relates to the liability of the Federal Government for

death or personal injury to employees during a civil
defense emergency.

§ 2295. Relates to the waiver of the Administrative Procedure

Act during a civil defense emergency.

§ 2297. The standby powers of the Administrator of the Office

of Emergency Planning (formerly the Office of Civil
and Defense Mobilization) are extended to June 30,
1962.

§§ 2401-2413. Relates to authority to control exports from the United
States "to the extent necessary to exercise the necessary
vigilance over exports from the standpoint of their sig-
nificance to the national security of the United States."

PUBLIC LAWS

68th Congress

PUBLIC LAW 68—438

The conveyance of a perpetual easement upon a portion of the
military reservation on Anastasia Island, Fla., to the St. Johns Elec-
tric Co., shall be subject to the right of the United States, "in case
of an emergency" to assume control and use of the property. [Act of
February 21, 1925; 43 Stat. 959.]

PUBLIC LAW 68-47 9

The transfer of the Hoboken Manufacturers' Railroad to the Port
of New York Authority shall be on condition that the railroad facil-
ity may be used by the United States "in the event of war or any other
national emergency.'''' [Act of February 26, 1925 ; 43 Stat. 984.]

PUBLIC LAW 68-568

The conveyance of certain portion of the military reservation of
the Presidio of San Francisco to the city and county of San Fran-
cisco shall provide that "in the event of war or any other great
national emergency''1 the United States shall have the right to take
exclusive possession of the property. [Act of March 3, 1925 ; 43 Stat.
1129.]

69tii Congress

PUBLIC LAW G9-99

Lease to city of Tucson, Ariz., of certain public lands for a munic-
ipal aviation field shall be upon condition that the Government may
assume control of the land "in case of emergency.'" [Act of April 12,
1926; 44 Stat. 241.]

[Emphasis supplied.]

PUBLIC LAW 69-314

Public lands authorized to be conveyed for the establishment of an
aviation field near Yuma, Ariz., shall be on condition that the
Defense Department may assume absolute control of the field "in
case of emergency? [Act of May 29, 1926; 44 Stat 677.]

71st Congress

PUBLIC LAW 71—222

"In case of national emergency declared by the President? the
Secretary of the Navy may revoke the lease of the floating dry dock
and waterfront accessories at the New Orleans Naval Station. [Act
of May 14, 1930; 46 Stat. 332 § 10.]

PUBLIC LAW 71-280

The lease of the United States naval destroyer and submarine base
at Squantum, Mass., shall be revocable "in case of national emer-
gency declared by the President:' [Act of May 29, 1930; 46 Stat.
479.]

72d Congress

PUBLIC LAW 72-382

Deed conveying certain properties to Arlington County, Va., in
■order to connect Lee Boulevard with Arlington Memorial Bridge
shall contain condition that the United States may resume possession
whenever "in the judgment of the President an emergency exists"
that requires its use. [Act of February 28, 1933 ; 47 Stat. 1368 § 4.]

74th Congress

PUBLIC LAW 74-598

"In time of national emergency" the property authorized to be
■conveyed to the city of Little Eock, Ark., shall, upon request of the
Secretary of Defense, be turned over to the United States. TAct of
May 15, 1936 ; 49 Stat. 1278.]

.[Emphasis supplied.]

PUBLIC LAW 74-024

Real property: recapture of certain area formerly part of
Charleston Army Base Terminal, South Carolina.

In time of national emergency, and upon order of the President, a
certain area, formerly part of Charleston Army Base Terminal,
South Carolina, may be taken by the United States for the use of
the Army during the period of the emergency. [49 Stat. 1387.] [See
also, P.L. 97, 81st Cong., 63 Stat. 169-170, and P.L. 428, 84th Cone.,
70 Stat. 35-36.1 e

PUBLIC LAW 71-7 04

Certain land at Kahului is conveyed to the Territory [State] of
Hawaii upon condition that the United States may use it whenever
in the judgment of the President an emergency exists that requires
its use. [Act of June 19, 1936; 49 Stat. 1535.]

PUBLIC LAW 74-730

Beal property: recapture of Port Newark Army Base, New
Jersey.

In time of war, or of national emergency declared by Congress,
the United States may take possession of the Port Newark Army
Base, New Jersey, for the duration of the war or emergency. For
each year or part of a year that the United States is in possession,
the United States must pay the city of Newark a certain amount as
liquidated damages. Upon termination of the war or emergency, the
property reverts to the city of Newark. [Act of June 20, 1936; 49
Stat. 1557.]

75th Congkess

PUBLIC LAW 75-316

Real property : recapture of Fort Schuyler, New York.

When in the judgment of the Secretary of the Army an emer-
gency exists that requires the use of the property for the public
defense, the United States may resume possession of Fort Schuyler
Military Reservation, New York, notwithstanding the lease to the
State of New York. [Act of Aug. 19, 1937; 50 Stat. 696.]

PUBLIC LAW 7 5-689

Deed of conveyance of Hoboken Pier Terminals to the city of
Hoboken to stipulate that "in event of a national emergency," the
property may be taken for use of the Department of Defense during
such emergency. [Act of June 21, 1938 ; 52 Stat. 834 § 3.]

[Emphasis supplied.]

79th Congress

PUBLIC LAW 79-465

Fort Morgan military reservation is conveyed to the State of Ala-
bama on condition that at any time during any future national
emergency, the Department of Defense may reoccupy the property.
[Act of June 28, 1946; 60 Stat. 332.]

80th Congress

PUBLIC LAW 80-885

The deed conveying certain property of Santa Rosa Island in
Florida, to Okaloosa County, shall stipulate that "in the event of a
national emergency" the United States shall have the right to use
the property. [Act of July 2, 1948 ; 62 Stat. 1230 § 1(e).]

81st Congress

PUBLIC LAW 81-393

The conveyance of part of Camp Joseph T. Robinson to the State
of Arkansas shall be upon condition that the United States may use
the property "whenever the Congress of the United States shall
declare a state of war or other national emergency, or the President
declares a state of emergency to exist." [Act of June 30, 1950; 64
Stat. 311 § 3.]

PUBLIC LAW 81-755

Real property: recapture of certain land formerly part of Fort
Schuyler, New York.

In time of war, or of national emergency declared- by Congress or
tlie President, and upon a determination by the Secretary of a mili-
tary department that certain land, formerly part of Fort Schuyler,
New York, is useful for military, air, naval, or defense purposes, the
United States may assume, without payment, control and use the
property concerned, including any improvements made by the grantee.
[Act of "Sept. 5, 1950 ; 64 Stat. 591.]

[Emphasis supplied.]

82d Conqress

PUBLIC LAW 82-22 2

Real property ; recapture of Castle Island Terminal Facility,
South Boston, Massachusetts.

The Secretary of the Navy is authorized to convey certain lands
comprising Castle Island Terminal Facility at South Boston to the
State of Massachusetts on condition that "in time of war or national
emergency" the United States shall have the right of the free and
unlimited use of all of said property ; but the United States shall be
responsible for the entire cost of maintaining it during the period of
such use. [Act of October 27, 1951 ; 65 Stat. 658, as amended by Act
of August 28, 1957 ; 71 Stat. 473.]

PUBLIC LAW 8 2-37 7

Certain real property at the former Naval Air Station, Kahului,
Wailuku, Maui, is authorized to be conveyed to the Territory
[State] of Hawaii on condition that uin time of war or national
emergency'''' the United States shall have the right of free and
unlimited use of the property. [Act of June 5, 1952; 66 Stat. 128
§ 2.] See also, PX. 87-654, 76 Stat. 530.]

PUBLIC LAW 82-559

Real property : recapture of certain land in Austin, Texas.

In time of war, or national emergency, declared by Congress, or of
emergency declared by the President, and upon a determination by
the Secretary of Defense that certain land in Austin, Texas, is
useful or necessary for defense purposes, the United States may,
without payment, enter the property concerned and use it or any
part thereof, including any improvements made by the grantee, for
the duration of the war or emergency. Six months after the termina-
tion of the war or emergency, the property concerned, including any
improvements made by the grantee, reverts to the grantee. [Act of
July 16, 1952 ; 66 Stat. 727.]

83d Congress

PUBLIC LAW 83-39

The President is authorized to continue in effect, until released,
the appointments of officers and warrant officers of the Army and
the Air Force who are in a status of missing under the Missing Per-

[Emphasis supplied.]

sons Act from June 25, 1950 and before the termination of the
national emergency proclaimed by the President on December 16,
1950, whose appointments would normally terminate prior to such
release. [Act of May 27, 1953 ; 67 Stat. 38.]

PUBLIC LAW 83-56

The conveyance of certain Veterans' Administration property in
Johnson City, Tenn., shall contain a provision that "whenever the
Congress of the United States shall declare a state of war or other
national emergency, or the President declares a state of emergency
to exist," and the property is deemed to be useful in the interest of
national defense, the United States may reenter and use the prop-
erty until six months after the termination of such war or emer-
gency. [Act of June 6, 1953 ; 67 Stat. 54.]

PUBLIC LAW 83-92

Sections 1301-1304 of the Second War Powers Act, providing for
the inspection and audit of books and records of defense contractors,
are continued in force and effect "until six months after the termi-
nation of the national emergency proclaimed by the President on
December 16, 1950," or until such earlier date as the Congress by
concurrent resolution, or the President, shall designate. [Act of June
30, 1953; 67 Stat. 120.]

PUBLIC LAW 83-169

The authority of the President under section 6 of the Interstate
Commerce Act, to demand that preference and precedence be given to
military traffic in time of war or threatened war is continued "in full
force and effect until six months after the termination of the national
emergency proclaimed by the President on December 16, 1950," or
until such earlier date as the Congress, by concurrent resolution, shall
designate. [Act of July 31, 1953; 67 Stat. 244.]

PUBLIC LAW 83-315

The conveyance of certain land located in Windsor Locks, Conn.,
to the State shall be on condition that "whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency," and the Sec-
retary of Defense deems it necessary for the national defense, the
United States may use the property and upon termination of such
state of war or emergency plus 6 months, the property shall revert
to the State. [Act of March 26, 1954; 68 Stat. 32 § 4.]

[Emphasis supplied.]

PUBLIC LAW 83-32 7

The conveyance of a certain portion of Camp Butner Military
Reservation to the State of North Carolina, shall be on condition
that "whenever the Congress of the United States declares « state of
war or other national emergency, or the President declares a state of
emergency to exist" and the Secretary of Defense deems it necessary
for the national defense, the United States may use the property
during such war emergency plus 6 months, after which it shall
revert to the State. [Act of April 2, 1954; 68 Stat. 51.]

PUBLIC LAW 83-386

"In time of war or national emergency heretofore or hereafter
declared by the President or the Congress," the United States may
use all or any part of the land in Marion County authorized hereun-
der to be conveyed to the State of Indiana. [Act of June 4, 1954 ; 68
Stat. 172 §2(1); 173 §2(3).]

PUBLIC LAW 83-493

"In the event of the existence of any national emergency declared
by proclamation of the President or by action of the Congress," the
United States may use the land situated within Camp Blanding Mil-
itary Reservation, authorized hereunder to be conveyed to the
Armory Board of the State of Florida. [Act of July 14, 1954; 68
Stat. 475, §2(1), 476 §2(3).]

PUBLIC LAW 83-534

Any lease authorized to be entered into between the Secretary of
the Army and the Commonwealth of Massachusetts for certain
properties within the Boston Army Base, shall provide "that during
any national emergency declared by the President, or in the event the
Congress shall declare a state of war to exist," the United States
shall have the right to use the property; and Massachusetts may
thereupon terminate the lease or have it extended for the period of
such use. [Act of July 27, 1954; 68 Stat. 538 § 103(c).]

PUBLIC LAW 83-550

The authority to release to the city of Philadelphia the Hog
Island tract of land for further development, is upon condition that
the United States shall have the right to reenter and use the prem-
ises "whenever the Congress of the United States shall declare a
state of war or other national emergency." [Act of July 29, 1954; 68
Stat. 586 § 2.]

[Emphasis supplied.]

PUBLIC LAW 83-711

"Whenever the Congress of the United States declares a state of
war or other national emergency, or the President declares a state
of emergency" the United States may use the property within the
Fort Bliss Military Reservation authorized under this act to be con-
veyed to the State of Texas, when it is deemed that the property is
needed in the interest of national defense. [Act of August 30, 1954;
68 Stat. 975 § 5.] [See also P.L. 91-202; 84 Stat. 20.]

PUBLIC LAW 83-712

The United States may use the land located in proximity to San
Antonio authorized to be conveyed to the State of Texas, "whenever
the Congress of the United States declares a state of war or other
national emergency, or the President declares a state of emergency"
if the property is deemed to be necessary in the interest of national
defense. [Act of August 30, 1954; 68 Stat. 977 § 5.]

PUBLIC LAW 83-713

The deed of conveyance of certain land in the city of Houston to
the State of Texas, shall provide that "during any state of war or
national emergency and for six months thereafter" the United
States may use the land and upon termination of such use shall
revert to the State. [Act of August 30, 1954 ; 68 Stat. 977 § 2.]

PUBLIC LAW 83-716

The conveyance transferring certain property of the United States
in Klamath County, Oreg., to the State shall provide that "whenever
the Congress of the United States shall declare a state of war or
other national emergency, or the President declares a state of emer-
gency to exist," the United States may use the property for the
duration of such war or emergency plus 6 months. [Act of Aueust

84th Congress

PUBLIC LAW 84-4 0

The _ conveyance transferring certain property located in Austin
(Travis County ) to the State of Texas shall provide that "whenever
the Congress of the United States shall declare a state of war or
other natwnal emergency, or the President declares a state of emer-
gency, the United States may use the property for the duration of

If. nfl 2rn emeT&>ncy Pl«s 6 months. [Act of June 1, 1955; 69
otat. 70 § 5.J

[Emphasis supplied.]

PUBLIC LAW 84-50

The State of Iowa shall agree that the United States may
use the land located in Polk County, described as Camp Dodge
and Polk County Target Range, authorized to be conveyed to the
State, "in the event that the Congress of the United States declares
a state of war or other national emergency, or the President declares
a state of national emergency ." [Act of June 1, 1955; 69 Stat. 71
§ 5.]

PUBLIC LAW 84-52

The property comprising Jackson Barracks is conveyed to the
State of Louisiana upon condition that it may be reentered and used
by the United States "during a national emergency." TAct of June 1,
1955; 69 Stat. 79.]

PUBLIC LAW 84-77

The conveyance of property in the Wyoming National Guard
Camp Guernsey area, shall be upon condition that the United States
may reenter and use the property, "whenever the Congress of the
United States shall declare a state of war or other national emer-
gency, or the President declares a state of emergency to exist." [Act
of June 16, 1955 ; 69 Stat. 139 § 1.]

PUBLIC LAW 84-142

The deed conveying a portion of Fort Devens Military Reserva-
tion to the Commonwealth of Massachusetts shall provide that
"w/ienever the Congress of the United States shall declare a state of
war or other national emergency, or the President declares a state of
emergency to exist," the United States may use the property for the
duration of such war or emergency plus 6 months. [Act of July 11,
1955; 69 Stat. 294.]

PUBLIC LAW 84-156

Members of the Reserve components of the Army, Navy, Air
Force, and Marine Corps who are ordered to extended active duty in
excess of 30 days "in time of war or national emergency," may elect
to receive either compensation and allowances for such duty or the
pension, retirement pay, etc., to which they are entitled by reason of
prior military service. [Act of July 12, 1955 ; 69 Stat. 300-301.]

PUBLIC LAW 84-301

The deed conveying a portion of the former O'Reilly General
Hospital at Springfield, to the State of Missouri, shall provide that
"during any period of national emergency," the United States shall

[Emphasis supplied.]

have the right of exclusive use without charge therefor. [Act of
August 9, 1955; 69 Stat. 592.]

PUBLIC LAW 84-410

"Whenever the Congress of the United States declares a state of
war or other national emergency, or the President declares a state of
emergency" the tract of land situated in the vicinity of Houston
(Harris County), Tex., and authorized to be conveyed to the State,
may be used by the United States for the duration of such war or
emergency, plus 6 months. [Act of February 15, 195fi: 70 Stat. 18
§5.]

PUBLIC LAW S 4-4 13

Conveyance of Port Newark Army base to the city of Newark,
New Jersey, is made upon condition that the United States may
reenter and use the property "whenever the Congress of the United
States declares a state of war or other national emergency to exist."
[Act of February 18, 1956; 70 Stat. 21.]

PUBLIC LAW 84-521

Real property: recapture of land comprising Camp Livingston
and Camp Beauregard, Louisiana.

When needed during a national emergency, the United States may
reenter and use the land comprising Camp Livingston and Camp
Beauregard, Louisiana. [Act of May 14, 1956; 70 Stat. 156.]

PUBLIC LAW 84-598

The conveyance of certain property in Santa Fe, to the State of
New Mexico, is conditioned upon the reentry and use by the United
States in the event of need therefor "during a national emergency
declared by the President or the Congress." [Act of June 19, 1956;
70 Stat. 296.]

PUBLIC LAW 84-618

The deed, conveying certain lands in Anastasia Island to the State
of Florida, shall contain a covenant that "in the event of a national
emergency" the property shall be available for use by the Federal
Government. [Act of June 25, 1956; 70 Stat. 335 § 3.]

PUBLIC LAW 84-618

The deed, conveying a portion of the former prisoner of war
camp, near Douglas, Wyo., to the State, shall expressly reserve to

[Emphasis supplied.]

the United States the right of exclusive use "during any period of
national emergency." [Act of June 25, 1956 ; 70 Stat. 337 § 1.]

PUBLIC LAW S4-700

The conveyance of certain land comprising part of the Ethan
Allen Air Force Base to the State of Vermont is made subject to the
right of reentry and use by the United States in the event of need
therefor "during a national emergency declared by the President or
the Congress." [Act of July 14, 1956; 70 Stat. 537 § 2.]

r-UBLIC LAW 84-719

Certain land situated in the vicinity of Williamsburg authorized
to be conveyed to the State of Virginia shall be upon condition that
"whenever the Congress of the United States declares a state of war
or other national emergency, or the President declares a state of
emergency? the United States may use the land for the duration of
such war or emergency plus 6 months. [Act of July 14, 1956: 70
Stat. 551 § 5.]

PUBLIC LAW 84-720

Lands of the La Crosse National Guard Target Range located
near La Crosse, Wis., may be conveyed to the State on condition
that the United States may reenter and use the land in the event of
need therefor "during a national emergency declared by the Con-
gress or the President of the United States." [Act of July 18, 1956;
70 Stat. 577 § 1.] [Note— Under an act approved May 29, 1958
(Public Law 85-431) Congress authorized the release of the reser-
vation contained in the 1956 Act upon payment by the State, and
conveyance to it, of the land in question. However, on June 29, 1960,
Congress repealed the 1958 Act by Public Law 86^551.]

PUBLIC LAW 84-740

The interests of the United States in certain land conditionally
granted to it by the city of Montgomery, W. Va., are released to
the city provided that "whenever the Congress of the United States
declares a state of war or other national emergency, or the President
declares a state of emergency" the United States may use the land
for the duration of the war plus 6 months. [Act of July 20, 1956 ; 70
Stat. 590.] [Note. — In 1956 Congress revised and enacted into posi-
tive law, titles 10 and 32 of the United States Code. Title 10 which
formerly covered the Army now includes the Army; Navy, Marine
Corps, and Air Force. The pertinent emergency provisions contained
in this revision are listed here by code citation, instead of by the act
of 1956 (i.e. August 10, 1956, Public Law 1028, 84th Cong.; 70A
Stat.).]

[Emphasis supplied.]

PUBLIC LAW 84-819

Certain lands situated about 6 miles south of the city of San
Antonio, in Bexar County, Tex., may be conveyed to the State on
condition that " whenever the Congress of the United States declares
a state of war or other national emergency or the President declares
a state of emergency" the United States may use the property for
the duration of such war or emergency plus 6 months. [Act of
July 27, 1956; 70 Stat. 698, § 5.]

PUBLIC LAW 84-872

The deed conveying certain land in Clackamas County, Oreg., to
the State shall provide that "whenever the Congress of the United
States shall declare a state of war or other national emergency, or
the President declares a state of emergency to exist? the United
States may use the property for the duration of such war or emer-
gency plus 6 months. [Act of August 1, 1956; 70 Stat. 793, § 2.]

85th Congress

PUBLIC LAW 85-46

A teacher in public schools of the District of Columbia who
"during the period of any war, or of any national emergency as ■pro-
claimed hy the President or declared by the Congress" leaves his
position to enter the military service, shall not be considered as sepa-
rated from his teaching position for purposes of retirement. [Act of
June 4, 1957; 71 Stat. 47 § 8.]

PUBLIC LAW 85-157

A member of the District of Columbia Metropolitan Police force,
the Fire Department, the United States Park Police force, and the
White House Police force who, "during any war or national emer-
gency as proclaimed by the President or declared by the Congress"
leaves his position to enter the military service, shall not be consid-
ered as separated from his position for purposes of retirement. [Act
of August 21, 1957; 71 Stat. 393 § 4).]

PUBLIC LAW 85-185

The deed conveying lands comprising the Fort Preble Military
Reservation at South Portland, to the State of Maine, shall provide
that "during any state of war or national emergency and for six
months thereafter," the United States may reenter and use the land
if deemed necessary for national defense purposes. TAct of Au-
gust 28, 1957 ; 71 Stat. 467, § 2 (b) .]

[Emphasis supplied.]

PUBLIC LAW S 5-2 04

The conveyance of the real property comprising Esler Field to the
State of Louisiana, shall be upon condition that "whenever the Con-
gress of the United States declares a state of war or other national
emergency, or the President declares a state of emergency" the
United States may use the property for the duration of such war or
emergency plus six months. [Act of August 28, 1957 ; 71 Stat. 479.]

PUBLIC LAW S 5-2 05

The conveyance of Camp Livingston and Camp Beauregard to
the State of Louisiana is conditioned upon the right of reentry and
use by the United States in the event of need therefor "during a
national emergency" [Act of May 14, 1956 ; 70 Stat. 156 as amended
August 28, 1957; 71 Stat. 479 § 4.]

PUBLIC LAW 85-236

The conveyance of a certain portion of the property known as
Veterans Center Reservation, Los Angeles, to the State of Califor-
nia, shall be upon condition that "whenever the Congress of the
United States declares a state of war or other national emergency,
or the President declares a state of emergency," the United States
shall have the right to use the property for the duration of such war
or emergency plus 6 months. [Act of August 30, 1957 ; 71 Stat. 517.]

PUBLIC LAW 85-258

The conveyance of certain property of the former United States
Marine Corps Air Station at Eagle Mountain Lake, to the State of
Texas, shall be on condition that "whenever the Congress of the
United States declares a state of war or other national emergency,
or the President declares a state of emergency," the United States
may use the property for the duration of the war or emergency plus
6 months. [Act of September 2, 1957; 71 Stat. 583.]

PUBLIC LAW 85-260

The conveyance of a portion of the military reservation at Fort
Schuyler to the State of New York shall be on condition that
"during any emergency declared by the President or the Congress of
the United States in existence at the time of enactment of this Act,
or whenever the President or the Congress of the United States
declares a state of war or other national emergency," the United
States shall have the right to the full unrestricted use of the prop-
erty. [Act of September 2, 1957; 71 Stat. 585, § 3.]

[Emphasis supplied.]

PUBLIC LAW 85-545

The conveyance of property in York County, Va., to the Board of
Supervisors of York County is conditioned upon the provision that
"whenever the Congress of the United States declares a state of war
or other national emergency, or the President declares a state of
emergency," and the property is needed, the United States may re-
enter and use the property for the duration of such war or emer-
gency. [Act of July 22, 1958; 72 Stat. 401, § 6.]

PUBLIC LAW 85-548

The conveyance of certain land in Boston Neck, Narragansett,
Rhode Island, is conditioned upon the right of reentry and use by
the United States "whenever the Congress of the United States
declares a state of war or other national emergency, or the President
declares a state of emergency? and the property is necessary for
national defense. [Act of July 22, 1958 ; 72 Stat. 404, § 4.]

PUBLIC LAW 85—799

The conveyance of certain land of the United States to the State
Board of Education of the State of Florida shall be upon condition
that "during any state of war or national emergency and for six
months thereafter," the United States may reenter and use all or
any part of the land if needed for national defense purposes. [Act
of August 28, 1958; 72 Stat. 965, § 1(b) .J

86th Congress

PUBLIC LAW 86-323

The Secretary of the Army, in conveying certain property in Hot
Springs National Park to the State of Arkansas, is required to
include a provision to insure the right of reentry and use of the
property "whenever the Congress of the United States declares a
state of war or other national emergency '} or the President declares a
state of emergency," and the property is needed in the interest of
national defense. [Act of September 21, 1959 ; 73 Stat. 595 § 4.]

PUBLIC LAW 86-473

The sale of certain vessels to the Republic of China for use in
Chinese trade in Far East and Near East waters exclusively, is made
subject to the condition that they be returned to the ownership of
the United States "during any national emergency declared by the
President of the United States or during any war in which the
United States is participating," for a certain price. TAct of Mav 14
1960; 74 Stat. 143.] ' '

[Emphasis supplied.]

PUBLIC LAW 86-602

The conveyance of certain property of the Boston Naval Shipyard
to the Massachusetts Port Authority is made upon condition that "m
time of war or national emergency" the United States shall have the
right of free and unlimited use of the property. [Act of July 7,
1960; 74 Stat. 356 §2.]

PUBLIC LAW 86-611

The instrument conveying to the State of Illinois certain lands in
Will County (the Des Plaines Public Hunting and Refuge Area and
the Joliet Arsenal Military Reservation) shall expressly require that
"whenever the Congress of the United States declares a state of war
or other national emergency, or the President declares a state of
emergency," the United States shall have the right to reenter and use
the property for the duration of such period plus six months. [Act
of July 12, 1960; 74 Stat. 370 § 2(b).]

87th Congress

PUBLIC LAW 87-328

The Delaware River Basin Compact contains a stipulation that
nothing contained therein shall be deemed to restrict the executive
powers of the President "in the event of a national emergency."
[Act of September 27, 1961; 75 Stat. 714.]

PUBLIC LAW 87-733

Expressing the determination of the United States with respect to
the situation in Cuba including the use of arms. [Act of Oct. 3,
1962; 76 Stat. 697.]

PUBLIC LAW 87-794

No action shall be taken pursuant to this Act or the Tariif Act of
1930 to decrease or eliminate the duty or other import restriction on
any article "if the President determines that such reduction or elimi-
nation would threaten to impair the national security." [Act of Oct. 11,
1962; 76 Stat. 877.]

88th Congress

PUBLIC LAW 88-228

Real property: recapture of certain land formerly part of the
Fort Miles Military Reservation, Delaware,
[Emphasis supplied.]

24-509 O - 73 - 6

In time of national emergency declared by the President or Con-
gress, the Secretary of Defense may, without cost to the United
States, enter upon and use certain lands conveyed to the State of Del-
aware that were formerly part of the Fort Miles Military Reserva-
tion if he considers such lands necessary for national defense pur-
poses. [Pub. L. 88-228, § 3; 77 Stat. 470.]

89th Congress

PUBLIC LAW 88-188

Provides that all lands comprising the Boiling- Anacostia complex
should be retained for military purposes. [Pub. L. 89-188, 79 Stat.
793.] [See also Pub. L. 89-568, 80 Stat. 739.]

PUBLIC LAW 89-257

Authorizes certain members of the Armed Forces to accept and
wear decorations of certain foreign nations "during any period in
which members of the Armed Forces of the United States are serving
with friendly foreign forces engaged in an- armed conf-iet in Viet-
nam . . or during any period of hostilities in Vietnam in which the
United States may be engaged:' [P.L. 89-257, 79 Stat. 982.]

91st Congress

PUBLIC LAW 91-142

Real property: recapture of National Guard Facility, Pier 91,
Seattle, Washington.

In time of war on national emergency declared by Congress or the
President, and upon a determination by the Secretary of Defense
that the National Guard facility, Pier 91, Seattle, Washington, or
any part thereof is useful or necessary for national defense pur-
poses, the United States may enter and use the property or any part
thereof, including any improvements made by the grantee, for the
duration of the war or emergency and six months thereafter. Upon
termination of such use, the property reverts to the State of Wash-
ington. [P.L. 91-142, § 805 ; 83 Stat. 319.]

92d Congress

PUBLIC LAW 92-145

Real property: recapture of certain land formerly part of Fort
Bliss, Texas.

[Emphasis supplied.]

That whenever the Congress of the United States declares a state
of war or other national emergency, or the President declares a state
of emergency, and upon the determination by the Secretary of
Defense that the property conveyed under this Act is useful or nec-
essary for military, air, or naval purposes, or in the interest of
national defense, the United States shall have the right, without
obligation to make payment of any kind, to reenter upon the prop-
erty and use the same or any part thereof, including any and all
improvements made thereon by the State of Texas, for the duration
of such state of war or of such emergency. Upon the termination of
such state of war or of such emergency plus six months such prop-
erty shall revert to the State of Texas, together with all appurte-
nances and utilities belonging or appertaining thereto. [P.L. 92-145,
§708; 85 Stat. 412.]

[Emphasis supplied.]

TEXT OF STATUTES DELEGATING POWERS IN
TIME OF WAR OR NATIONAL EMERGENCY

UNITED STATES CODE

Title 2 — The Congress

2 U.S.C. 198. Adjournment

(a) Unless otherwise provided by the Congress, the two Houses
shall — •

(1) adjourn sine die not later than July 31 of each year; or

(2) in the case of an odd-numbered year, provide, not later
than July 31 of such year, by concurrent resolution adopted in
each House by roll-call vote, for the adjournment of the two
Houses from that Friday in August which occurs at least thirty
days before the first Monday in September (Labor Day) of such
year to the second day after Labor Day.

(b) This section shall not be applicable in any year if on July 31
of such year a state of war exists pursuant to a declaration of war
by the Congress. (Aug. 2, 1946, ch. 753, title I, § 132, 60 Stat. 831;
Oct. 26, 1970, Pub L. 91-510, title IV, § 461(b), 84 Stat. 1193.)

Title 5 — Government Organization and Employees

5 U.S.C. 701. Application; definitions

(a) This chapter applies, according to the provisions thereof,
except to the extent that —

( 1 ) statutes preclude judicial review ; or

(2) agency action is committed to agency discretion by law.

(b) For the purpose of this chapter —

(1) "agency" means each authority of the Government of the
United States, whether or not it is within or subject to review
by another agency, but does not include —

(A) the Congress;

( B ) the courts of the United States ;

[Emphasis supplied.]

(65)

(D) the government of the District of Columbia ;

(E) agencies composed of representatives of the parties
or of representatives of organizations of the parties to the
disputes determined by them ; _

(F) courts martial and military commissions;

(G) military authority exercised in the field in time of
war or in occupied territory ; or

(H) functions conferred by sections 1738, 1739, 1743, and
1744 of title 12; chapter 2 of title 41 ; or sections 1622, 1884,
1891-1902, and former section 1641(b)(2), of title 50,
appendix; and .

(2) "person", "rule", "order", "license", "sanction", "relief",
and "agency action" have the meanings given them by section
551 of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.)

5 U.S.C. 702. Right of review

A person suffering legal wrong because of agency action, or ad-
versely affected or aggrieved by agency action within the meaning
of a relevant statute, is entitled to judicial review thereof. (Pub. L.
89-554, Sept. 6, 1966, 80 Stat. 392.)

— N O T E —

Section 702 provides judicial review under Title V only
for wrongs suffered as a result of "agency" actions. Sec-
tion 701, however, excludes courts martial, military commis-
sions, etc., the types of action which might be utilized under
declarations of martial law from the definition of "agency."

5 U.S.C. 3101. General authority to employ

Each Executive Agency, military department, and the government
of the District of Columbia may employ sucli number of employees
of the various classes recognized by chapter 51 of this title as Con-
gress may appropriate for from year to year. (Pub. L. 89-554,
Sept. 6, 1966, 80 Stat 414.)

Employment of Personnel Dubino National Emergency Proclaimed
on Dec. 16, 1950

Section 1310 or act Nov. 1. 1951, ch. 664. Ch. XIII, 65 Stat 757, as amended
June 5, 1952, ch. 369, Ch. XIII, § 1302, 66 Stat. 122; Sept 1, 1954, ch. 1208,
title VI, 8 602, 68 Stat. 1115; Oct. 11, 1962, Pub. L. 87-793, § 717(b), 76 Stat.
858; Aug. 6, 1965, Pub. L. 89-114, 79 Stat. 448; Oct. 11, 1967, Pub. L. 90-105,
§ 3, 81 Stat. 274. provided that :

"Immediately upon the enactment of this Act [Nov. 1, 1951] and until termi-
nation of the national emergency proclaimed by the President on December 16
1950:

[Emphasis supplied.]

"(a) The Civil Service Commission and the heads of the executive depart-
ments, agencies, and corporations shall make full use of their authority to
require that initial appointments to positions in and outside the competitive
service shall be made on other than a permanent basis in order to limit the
number of permanent employees to that required for the efficiency of the Fed-
eral civil service: Provided, That any position vacated by a permanent
employee called to military service or transferred to a national defense agency
shall not be filled except on a temporary or indefinite basis. All appointments,
reinstatements, transfers, and promotions to positions subject to the Classifica-
tion Act of 1949 [chapter 51 of this title] shall be made with the condition
and notice to each individual appointed, reinstated, transferred, or promoted
that the classification grade of the position is subject to post-audit and correc-
tion by the appropriate departmental or agency personnel office or the Civil
Service Commission.

"(b) The Civil Service Commission shall facilitate the transfer of Federal
employees from nondefense to defense activities and encourage the retention of
employees in defense activities, and shall provide reemployment rights for per-
manent employees in the activities from which such employees are transferred.

"(c) The Civil Service Commission shall make full use of its authority to
prevent excessively rapid promotions in the competitive civil service and to
require correction of improper allocations to higher grades of positions subject
to the Classification Act of 1949, as amended [now section 5101 et seq. of this
title]. No person in any executive department or agency whose position is sub-
ject to the Classification Act of 1949, as amended [now section 5101 et seq. of
this title], shall be promoted or transferred to a higher grade subject to such
Act [now section 5101 et seq. of this title] without having served at least one
year in the next lower grade : Provided, That the Civil Service Commission for
positions in the competitive service and the head of the employing agency for
positions outside the competitive service may by regulation provide for promo-
tions of two grades in one year (1) to positions not higher than GS-5; (2) to
positions not higher than GS-11 which are in a line of work properly classi-
fied under the Classification Act of 1949 [now section 5101 et seq. of his title]
at two-grade intervals; (3) to positions in the same line of work when the
employee has completed a training period under a training program approved
by the Civil Service Commission for positions in the competitive service, or
approved by the head of the employing agency for positions outside the com-
petitive service; and (4) of an employee of the agency concerned when there
is no position in the normal line of promotion in the grade immediately below
that of the position to be filled : Provided further, That this subsection shall
not apply to any case involving an employee who is within reach for appoint-
ment to a higher grade position on a competitive civil service register, or is
eligible for appointment, in accordance with a regular appointment system or
procedure established prior to September 1, 1950, to a higher grade position
outside the competitive Civil Service, of being advanced up to a grade level
from which he had been demoted or separated because of reduction in force or
being advanced to a grade level not exceeding that for which he had pre-
viously established eligibility as required by the terms hereof: Provided fur-
ther, That, notwithstanding the provisions hereof, and in order to avoid undue
hardship or inequity, the Civil Service Commission, when requested by the
head of the agency involved, may authorize promotions in individual cases of
meritorious nature.

"(d) From time to time, but at least annually, each executive department
and agency shall (1) review all positions which since September 1, 1950, have
been created or placed in a higher grade or level of difficulty and responsibil-
ity of work or in a higher basic pay level, (2) abolish all such positions which
are found to be unnecessary, (3) with respect to such positions which are
found to be necessary, make such adjustments as may be appropriate in the
classification grades of those positions which are subject to the Classification
Act of 1949, as amended [now section 5101 et seq. of this title], or in the basic
pay levels of those positions which are subject to other pay-fixing authority.
Not later than July 31 of each year each department and agency shall submit
a report to the Post Office and Civil Service Committees and Appropriations
Committees of the Senate and House of Representatives concerning the action
taken under this paragraph, together with information comparing the total
number of employees on the payroll on June 30 and their average grade and

salary with similar information for the previous June 30, and each annual and
supplemental budget estimate shall include a statement comparing the average
grade and salary provided for in each item of appropriation or fund allowance
therein with similar figures reported for the two previous periods.

"(e) This section does not and shall not be construed to amend or modify
the Veterans' Preference Act of 1944 (Public Law 359, Seventy-eighth Con-
gress), as amended.

"(f) This section shall not apply to the postal field service of the Post Office
Department"

— N 0 T E —

Excerpt from House Rept. 1222, 82d Cong., 1st Sess. (1951)

The original Whitten Amendment was adopted last year
to (1) prevent further expansion in the number of perma-
nent Federal employees, (2) prevent a repetition of the seri-
ous job inflation in the Federal service which developed
during the last war as a result of expanded grade levels and
faulty classification, (3) encourage the transfer of regular
career employees to defense activities, and (4) prevent dis-
crimination against individuals called into military service
or transferring to defense work by making all replacements
temporary. The language included in the accompanying bill
continues these requirements in effect, with the following
perfecting provisions: (a) transfers at the same or a lower
grade may be made on permanent rather than temporary
basis, (b) all rights which go with permanent status must
be preserved for employees changed to temporary basis, (c)
promotions may be made only after service of at least one
year in the next lower grade, (d) re-employment rights in
the activities from which people are transferred to military
service or defense work must be protected, and (e) annual
reports are required from each department and agency out-
lining actions taken to abolish unnecessary positions and
reduce grades where positions are not properly classified,
and comparing the number of employees and average
grades and salaries on December 1 of each year.

5 U.S.C. 3326. Appointments of retired members of the armed

FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE

(a) For the purpose of this section, "member" and "Secretary
concerned" hare, the meanings given them by section 101 of title 37.

(b) A retired member of the armed forces may be appointed to a
position in the civil service in or under the Department of Defense
(including a non-appropriated fund instrumentality under the juris-
diction of the armed forces) during the period of 180 days immedi-
ately after his retirement only if —

(1) the proposed appointment is authorized bv the Secretary
concerned or his designee for the purpose, and, if the position is
in the competitive service, after approval by the Civil Service
Commission ;

(2) the minimum rate of basic pay for the position has been
increased under section 5303 of this title; or

(3) a state of national emergency exists.

(c) A request by appropriate authority for the authorization, or
the authorization and approval, as the case may be, required by
subsection (b) (1) of this section shall be accompanied by a state-
ment which shows the actions taken to assure that —

(1) full consideration, in accordance with placement and pro-
motion procedures of the department concerned, was given to
eligible career employees ;

(2) when selection is by other than certification from an
established civil service register, the vacancy has been publicized
to give interested candidates an opportunity to apply ;

(3) qualification requirements for the position have not been
written in a manner designed to give advantage to the retired
member; and

(4) the position has not been held open pending the retire-
ment of the retired member.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 423.)

5 U.S.C. 5305. Annual pat reports and adjustments

(a) In order to carry out the policy stated in section 5301 of this
title, the President shall —

(1) direct such agent as he considers appropriate to prepare
and submit to him annually, after considering such views and
recommendations as may be submitted under the provisions of
subsection (b) of this section, a report that —

(A) compares the rates of pay of the statutory pay sys-
tems with the rates of pay for the same levels of work in
private enterprise as determined on the basis of appropriate
annual surveys that shall be conducted by the Bureau of
Labor Statistics;

(B) makes recommendation for appropriate adjustments
in rates of pay ; and

(2) after considering the report of his agent and the findings
and recommendations of the Advisory Committee on Federal
Pay reported to him under section 5306(b)(3) of this title,
adjust the rates of pay of each statutory pay system in accord-
ance with the principles under section 5301(a) of this title,
effective as of the beginning of the first applicable pay period
commencing on or after October 1 of the applicable year ; and

(3) transmit to Congress a report of the pay adjustment,
together with a copy of the report submitted to him by his
agent and the findings and recommendations of the Advisory
Committee on Federal Pay reported to him under section
5306(b) (3) of this title.

[Emphasis supplied.]

(c)(1) If, because of national emergency or economic conditions
affecting the general welfare, the President should, in any year, con-
sider it inappropriate to make the pay adjustment required by
subsection (a) of this section, he shall prepare and transmit to Con-
gress before September 1 of that year such alternative plan with
respect to a pay adjustment as he considers appropriate, together
with the reasons therefore, in lieu of the pay adjustments required
by subsection (a) of this seotion.

5 U.S.C. 5335. Periodic step-increases

(a) An employee paid on an annual basis, and occupying a per-
manent position within the scope of the General Schedule, who has
not reached the maximum rate of pay for the grade in which his
position is placed, shall be advanced in pay successively to the next
higher rate within the grade at the beginning of the next pay period
following the completion of —

( 1 ) each 52 calendar weeks of service in pay rates 1, 2, and 3 ;

(2) each 104 calendar weeks of service in pay rates 4, 5, and
6; or

(3) each 156 calendar weeks of service in pay rates 7, 8, and

subject to the following conditions :

(A) the employee did not receive an equivalent increase
in pay from any cause during that period ; and

( B ) the work of the employee, except a hearing examiner
appointed under section 3105 of this title, is of an accepta-
ble level of competence as determined by the head of the
agency.

(b) Under regulations prescribed by the Civil Service Commis-
sion, the benefit of successive step-increases shall be preserved for
employees whose continuous service is interrupted in the public
interest by service with the armed forces or by service in essential
non-Government civilian employment during a period of war or
national emergency.

(c) When a determination is made under subsection (a) of this
section that the work of an employee is not of an acceptable level of
competence, the employee is entitled to prompt written notice of that
determination and an opportunity for reconsideration of the deter-
mination within his agency under uniform procedures prescribed by
the Commission. If the determination is affirmed on reconsideration,
the employee is entitled to appeal to the Commission. If the recon-
sideration or appeal results in a reversal of the earlier determina-
tion, tlie new determination supersedes the earlier determination and
is deemed to have been made, as of the date of the earlier determina-
tion. The authority of the Commission to prescribe procedures and
the entitlement of the employee to appeal to the Commission do not
apply to a determination of acceptable level of competence made by
the Librarian of Congress.

[Emphasis supplied.]

(d) An increase in pay granted by statute is not an equivalent
increase in pay within the meaning of subsection (a) of this section.

(e) This section does not apply to the pay of an individual
appointed by the President, by and with the advice and consent of
the Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 469; Pub. L.
90-83, § 1 (20), Sept. 11, 1967, 81 Stat. 199.)

5 U.S.C. 5532. Employment of retired officers of the uniformed
services, reduction in retired or retitement pay; exceptions

(a) For the purpose of this section, "period for which he receives
pay" means the full calendar period for which a retired officer of a
regular component of a uniformed service receives the pay of a posi-
tion when employed on a full-time basis, but only the days for
which he actually receives that pay when employed on a part-time
or intermittent basis.

(b) A retired officer of a regular component of a uniformed serv-
ice who holds a position is entitled to receive the full pay of the
position, but during the period for which he receives pay, his retired
or retirement pay shall be reduced to an annual rate equal to the
first $2,000 of the retired or retirement pay plus one-half of the
remainder, if any. In the operation of the formula for the reduction
of retired or retirement pay under this subsection, the amount of
$2,000 shall be increased, from time to time, by appropriate percent-
age, in direct proportion to each increase in retired or retirement
pay under section 1401a (b) of title 10 to reflect changes in the Con-
sumer Price Index.

(c) The reduction in retired or retirement pay required by subsec-
tion (b) of this section does not apply to a retired officer of a regu-
lar component of a uniformed service —

(1) whose retirement was based on disability —

(A) resulting from injury or disease received in line of
duty as a direct result of armed conflict ; or

(B) caused by an instrumentality of war and incurred in
line of duty during a period of war as defined by sections
101 and 301 of title 38 ; or

(2) employed on a temporary (full-time or part-time) basis,
any other part-time basis, or an intermittent basis, for the first
30-day period for which he receives pay.

The exemption from reduction in retired or retirement pay
under paragraph (2) of this subsection does not apply longer
than —

(i) the first 30-day period for which he receives pay
under one appointment from the position in which he is
employed, if he is serving under not more than one appoint-
ment; and

(ii) the first period for which he receives pay under more
than one appointment, in a fiscal year, which consists in the
aggregate of 30 days, from all positions in which he is
employed, if he is serving under more than one appoint-
ment in that fiscal year.

(d) Except as otherwise provided by this subsection, the Civil
Service Commission, subject to the supervision and control of the
President, may prescribe regulations under which exceptions may be
made to the restrictions in subsection (b) of this section when
appropriate authority determines that the exceptions are warranted
because of special or emergency employment needs which otherwise
cannot be readily met. The President of the Senate with respect to
the United States Senate, the Speaker of the House of Representa-
tives with respect to the United States House of Representatives,
and the Architect of the Capitol with respect to the Office of the
Architect of the Capitol each may provide for a means by which
exceptions may be made to the restrictions in subsection (b) of this
section when he determines that the exceptions are warranted
because of special or emergency employment needs which otherwise
cannot be readily met. The Administrator of the National Aeronau-
tics and Space Administration may except, at any time, an individ-
ual appointed to a scientific, engineering, or administrative position
under section 2473(b)(2)(A) of title 42 from the restrictions in
subsection (b) of this section when he determines that the exception
is warranted because of special or emergency employment needs
which otherwise cannot be readily met, but not more than 30 excep-
tions may exist at any one time under this authority. (Pub. L.
89-554, Sept. 6, 1966, 80 Stat. 482.)

5 U.S.C. 5564. Travel and transportation ; dependents ; household

AND PERSONAL EFFECTS; MOTOR VEHICLES; SALE OF BULKY ITEMS J
CLAIMS FOR PROCEEDS ; APPROPRIATION CHARGEABLE

(a) For the purpose of this section, "household and personal
effects" and "household effects" may include, in addition to other
authorized weight allowances, one privately owned motor vehicle
which may be snipped at United States expense.

(b) Transportation (including packing, crating, draying, tempo-
rarily storing, and unpacking of household and personal effects)
may be provided for the dependents and household and personal
effects of an employee in active service (without regard to pay
grade) who is officially reported as dead, injured, or absent for more
than 29 days in » status listed in section 5561(5) (A)-(E) of this
title to —

(1) the official residence of record for the employee;

(2) the residence of his dependent, next of kin, or other
person entitled to the effects under regulations prescribed by the
head of the agency concerned ; or

(3) another location determined in advance or later approved
by the head of the agency concerned or his designee on request
of the employee (if injured) or his dependent, next of kin, or
other person described in paragraph (2) of this subsection.

(c) When an employee described in subsection (b) of this section
is in an injured status, transportation of dependents and household

[Emphasis supplied.]

and personal effects may be provided under this section only when
prolonged hospitalization or treatment is anticipated.

(d) Transportation on request of a dependent may be authorized
under this section only when there is a reasonable relationship
between the circumstances of the dependent and the destination
requested.

(e) Instead of providing transportation for dependents under this
section, when the travel has been completed the head of the agency
concerned may authorize —

(1) reimbursement for the commercial cost of the transporta-
tion ; or

(2) a monetary allowance, instead of transportation, as
authorized by statute for the whole or that part of the travel
for which transportation in kind was not furnished.

(f) The head of the agency concerned may store the household
and personal effects of an employee described in subsection (b) of
this section until proper disposition can be made. The cost of the
storage and transportation (including packing, crating, draying,
temporarily storing, and unpacking) of household and personal
effects shall be charged against appropriations currently available.

(g) When the head of the agency concerned determines that an
emergency exists and that a sale would be in the best interests of the
United States, he may provide for the public or private sale of
motor vehicles and other Dulky items of the household and personal
effects of an employee described in subsection (b) of this section.
Before a sale, and if practicable, a reasonable effort shall be made to
determine the desires of interested persons. The net proceeds from
the sale shall be sent to the owner or other person entitled thereto
under regulations prescribed by the head of the agency concerned. If
there is no owner or other person entitled thereto, or if the owner or
other person or their addresses are not ascertained within 1 year
from the date of sale, the net proceeds may be covered into the
Treasury of the United States as miscellaneous receipts.

(h) A claim for net proceeds covered into the Treasury under
subsection (g) of this section may be filed with the General
Accounting Office by the owner, his heir or next of kin, or his legal
representative at any time before the end of 5 years from the date
the proceeds are covered into the Treasury. When a claim is filed,
the General Accounting Office shall allow or disallow it. A claim
that is allowed shall be paid from the appropriation for refunding
money erroneously received and covered. If a claim is not filed
before the end of 5 years from the date the proceeds are covered into
the Treasury, it is barred from being acted on by the General
Accounting Office or the courts.

(i) This section does not amend or repeal —

(1) section 2575, 2733, 4712, 4713, 6522, 9712, or 9713 of title
10;

(2) section 507 of title 14; or

(3) chapter 171 of title 28.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 491; Pub. L. 90-83; §
1(3), Sept. 11, 1967, 81 Stat. 201.)

[Emphasis supplied.] /

5 U.S.C. 8332. Creditable service

(a) The total service of an employee or Member is the full years
and twelfth parts thereof, excluding from the aggregate the frac-
tional part of a month, if any.

(b) The service of an employee shall be credited from the date of
original employment to the date of separation on which title to
annuity is based in the civilian service of the Government. Credit
may not be allowed for a period of separation from the service in
excess of 3 calendar days. The service includes —

( 1 ) employment as a substitute in the postal field service ;

(2) service in the Pan American Sanitary Bureau ;

(3) subject to section 8334(c) and 8339(h) of this title, serv-
ice performed before July 10, 1960, as an employee of a county
committee established under section 590h(b) of title 16 or of a
committee or an association of producers described by section
610(b) of title 7;

(4) service as a student-employee as defined by section 5351
of this title only if he later becomes subject to this subchapter ;

(5) a period of satisfactory service of a volunteer or volun-
teer leader under chapter 34 of title 22 only if he later becomes
subject to this subchapter ;

(6) employment under section 709 of title 32, United States
Code or any prior corresponding provision of law ;

(7) a period of service of a volunteer under part A of title
VIII of the Economic Opportunity Act of 1964 only if he later
becomes subject to this subchapter ; and

(8) subject to section 8334(c) and 8339(h) of this title, serv-
ice performed on and after February 19, 1929, and prior to the
effective date of section 442 of the Legislative Reorganization
Act of 1970, as a United States Capitol Guide.

The Civil Service Commission shall accept the certification of
the Secretary of Agriculture or his designee concerning service
for the purpose of this subchapter of the type performed by an
employee named by paragraph (3) of this subsection. The Civil
Service Commission shall accept the certification of the Capitol
Guide Board concerning service for the purpose of this sub-
chapter of the type described in paragraph (8) of this subsec-
tion and performed by an employee. For the purpose of para-
graph (5) of this subsection —

(A) a volunteer and a volunteer leader are deemed
receiving pay during their service at the respective rates of
readjustment allowances payable under sections 2504(c) and
2505(1) of title 22; and

(B) the period of an individual's service as a volunteer
or volunteer leader under chapter 34 of title 22 is the
period between enrollment as a volunteer or volunteer
leader and the termination of that service by the President
or by death or resignation.

Service referred to in paragraph (6) is allowable only in the case
of persons performing service under section 709 of title 32, United

States Code, on or after the effective date of the National Guard
Technicians Act of 1968.

(c) Except as provided by subsection (d) of this section, an
employee or Member shall be allowed credit for periods of military
service before the date of the separation on which title to annuity is
based. However, if an employee or Member is awarded retired pay
on account of military service, his military service may not be cred-
ited unless the retired pay is awarded —

(1) on account of a service-connected disability —

(A) incurred in combat with an enemy of the United
States; or

(B) caused by an instrumentality of war and incurred in
line of duty during a period of war as defined by section
301 of title 38; or

(2) under chapter 67 of title 10.

(d) For the purpose of section 8339(c)(1) of this title, a Mem-
ber—

(1) shall be allowed credit only for periods of military serv-
ice not exceeding 5 years, plus military service performed by the
Member on leaving his office, for the purpose of performing
military service, during a war or national emergency proclaimed
by the President or declared by Congress and before his final
separation from service as Member ; and

(2) may not receive credit for military service for which
credit is allowed for purpose of retired pay under other statute.

(e) This subchapter does not affect the right of an employee or
Member to retired pay, pension, or compensation in addition to an
annuity payable under this subchapter.

(f) Credit shall be allowed for leaves of absence without pay
granted an employee while performing military service or while
receiving benefits under subchapter I of chapter 81 of this title. An
employee or former employee who returns to duty after a period of
separation is deemed, for the purpose of this subsection, to have
been in a leave of absence without pay for that part of the period in
which he was receiving benefits under subchapter I of chapter 81 of
this title or any earlier statute on which such subchapter is based.
Except for a substitute in the postal field service, credit may not be
allowed for so much of other leaves of absence without pay as exceeds
6 months in the aggregate in a calendar year.

(g) An employee who during the period of a war, or of a
national emergency as proclaimed by the President or declared by
Congress, leaves his position to enter the military service is deemed,
for the purpose of this subchapter, as not separated from his civil-
ian position because of that military service, unless he applies for
and receives a lump-sum credit under this subchapter. However, the
employee is deemed as not retaining his civilian position after
December 31, 1956, or after the expiration of 5 years of that mili-
tary service, whichever, is later.

[Emphasis supplied.]

Title 7 — Agriculture

7 U.S.C. 1158. Suspension or quota and authorization provisions

(a) Emergencies; duration of suspension; investigations and
reports.

Whenever pursuant to the provisions of this chapter the President
finds and proclaims that a national economic or other emergency
exists with respect to sugar or liquid sugar, he shall by proclamation
suspend the operation, except as provided in section 1117 of this
title, of all the provisions of subchapter II of this chapter, and,
thereafter, the operation of subchapter II of this chapter shall con-
tinue in suspense until the President finds and proclaims that the
facts which occasioned such suspension no longer exist. The Secre-
tary shall make such investigations and reports thereon to the Presi-
dent as may be necessary to aid him in carrying out the provisions
of this section. During any period that the operation of the provi-
sions of subchapter II of this chapter is so suspended by the Presi-
dent, the Secretary shall estimate for each year the amount of sugar
needed to meet requirements of consumers in the United States and
the amount the quota for each country would be if calculated on the
basis as provided in section 1112 of this title. Notice of such estimate
and quota calculation shall be published in the Federal Register. If
any country fails to import into the continental United States
within the quota year, an amount of sugar equal to the amount the
quota would be as calculated for such country by the Secretary for
such year, the quota established for such country in subsequent years
under the provisions of subchapter II of this chapter shall be
reduced as provided in section 1112(d)(4) of this title: Provided,
That quotas for subsequent years shall not be reduced when quotas
are suspended under this subsection and reestablished in the same
calendar year.

(b) Discrimination in distribution of quotas or authorizations;
duration of suspension ; allocation of suspended quantities.

In the event the President in his discretion, determines that any
foreign country having a quota or receiving any authorization under
this chapter to import sugar into the United States, has been or is
allocating the distribution of such quota or authorization within
that country so as to discriminate against citizens of the United
States, he shall suspend the quota or other authorization of that
country until such time as he has received assurances, satisfactory to
him, that the discrimination will not be continued. Any quantity so
suspended shall be allocated in the same manner as deficits are allo-
cated under the provisions of section 1114 of this title.

(c) Seizure of property of United States citizens; discrimination
in taxation and other exactions; restrictive maintenance or opera-
tional conditions; remedial measures; duration of suspension; alloca-
tion of suspended quantities.

In any case in which a nation or political subdivision thereof has,
on or after January 1, 1967, (1) nationalized, expropriated, or other-
[ Emphasis supplied.]

wise seized the ownership or control of the property or business
enterprise owned or controlled by United States citizens or any cor-
poration, partnership, or association not less than 50 per centum
beneficially owned by United States citizens, or (2) imposed upon or
enforced against such property or business so owned or controlled,
discriminatory taxes or other exactions, or restrictive maintenance or
operational conditions (including limiting or reducing participation
in production, export, or sale of sugar to the United States under
quota allocation pursuant to this chapter) not imposed or enforced
with respect to the property or business enterprise of a like nature
owned or operated by its own nationals or the nationals of any gov-
ernment other than the Government of the United States, or (3)
imposed upon or enforced against such property or business enter-
prise so owned or controlled, discriminatory taxes or other exactions,
or restrictive maintenance or operational conditions (including lim-
iting or reducing participaiton in production, export, or sale of
sugar to the United States under quota allocation pursuant to this
chapter), or has taken other actions, which have the effect of nation-
alizing, expropriating or otherwise seizing ownership or control of
such property or business enterprise, or (i) violated the provisions
of any bilateral or multilateral international agreement to which the
United States is a party, designed to protect such property or busi-
ness enterprise so owned or controlled, and has failed within six
months following the taking of action in any of the above categories
to take appropriate and adequate steps to remedy such situation and
to discharge its obligations under international law toward such citi-
zen or entity, including the prompt payment to the owner or owners
of such property or business enterprise so nationalized, expropriated
or otherwise seized or to provide relief from such taxes, exactions,
conditions or breaches of such international agreements, as the case
may be, or to arrange, with the agreement of the parties concerned,
for submitting the question in dispute to arbitration or conciliation
in accordance with procedures under which final and binding, deci-
sion or settlement will be reached and full payment or arrangements
with the owners for such payment made within twelve months fol-
lowing such submission, the President may withhold or suspend all
or any part of the quota under this chapter of such national, and
either in addition or as an alternative, the President may, under
such terms and conditions as he may prescribe, cause to be levied
and collected at the port of entry an impost on any or all sugar
sought to be imported into the United States from such nation in an
amount not to exceed $20 per ton, such moneys to be covered in the
Treasury of the United States into a special trust fund, and he shall
use such fund to make payment of claims arising on or after Janu-
ary 1, 1961, as a result of such nationalization, expropriation, or
other type of seizure or action set forth herein, except that if such
nation "participates in the quota for the West Indies, the President
may suspend a portion of the quota for the West Indies which is not
in excess of the quantity imported from that nation during the pre-
ceding year, until he is satisfied that appropriate steps are being
taken, and either in addition or as an alternative he may cause to be

[Emphasis supplied.]

levied and collected an impost in an amount not to exceed $20 per
ton on any or all sugar sought to be imported into the United States
from such nation for the payment of claims as provided herein. Any
quantity so withheld or suspended shall be allocated under section
1112(d) (1) (B) of this title. With respect to any action taken during
1961 in any of the categories set forth in this subsection, the provi-
sions of this subsection relating to levying and collecting an impost
shall apply only if the President so determines.

(Aug. 8, 1947, ch. 519, title IV, § 408, 61 Stat. 933; July 6, 1960,
Pub. L. 86-592, S3, 74 Stat. 330; Oct. 14, 1971, Pub. L. 92-138,
§ 17, 85 Stat. 389.)

7 U.S.C. 1332. National marketing quota

(a) Proclamation; duration of program.

Whenever prior to April 15 in any calendar year the Secretary
determines that the total supply of wheat in the marketing year
beginning in the next succeeding calendar year will, in the absence
of a marketing quota program, likely be excessive, the Secretary
shall proclaim that a national marketing quota for wheat shall be in
effect for such marketing year and for either the following market-
ing year or the following two marketing years, if the Secretary
determines and declares in such proclamation that a two- or three-
year marketing quota program is necessary to effectuate the policy
of the chapter.

(b) Amount; minimum.

If a national marketing quota for wheat has been proclaimed for
any marketing year, the Secretary shall determine and proclaim the
amount of the national marketing quota for such marketing year not
earlier than January 1 or later than April 15 of the calendar year
preceding the year in which such marketing year begins. The
amount of the national marketing quota for wheat for any market-
ing year shall be an amount of wheat which the Secretary estimates
(i) will be utilized during such marketing year for human consump-
tion in the United States as food, food products, and beverages,
composed wholly or partly of wheat, (ii) will be utilized during
such marketing year in the United States for seed, (iii) will be
exported either in the form of wheat or products thereof, and (iv)
will be utilized during such marketing year in the United States as
livestock (including poultry) feed, excluding the estimated quantity
of wheat which will be utilized for such purpose as a result of the
substitution of wheat for feed grains under section 1339c of this
title; less (A) an amount of wheat equal to the estimated imports of
wheat into the United States during such marketing year and, (B)
if the stocks of wheat owned by the Commodity Credit Corporation
are determined by the Secretary to be excessive, an amount of wheat
determined by the Secretary to be a desirable reduction in such mar-
keting year in such stocks to achieve the policy of the chapter : Pro-
vided, That if the Secretary determines that the total stocks of
wheat in the Nation are insufficient to assure an adequate carryover
for the next succeeding marketing year, the national marketing
quota otherwise determined shall be increased by the amount the

Secretary determines to be necessary to assure an adequate ''car-
ryover: And provided further, That the national marketing quota
for wheat for any marketing year shall be not less than one billion
bushels.

If, after the proclamation of a national marketing quota for
wheat for any marketing year, the Secretary has reason to believe
that, because of a national emergency or because of a material
increase in the demand for wheat, the national marketing quota
should be terminated or the amount thereof increased, he shall cause
an immediate investigation to be made to determine whether such
action is necessary in order to meet such emergency or increase in
the demand for wheat. If, on the basis of such investigation, the
Secretary finds that such action is necessary, he shall immediately
proclaim such finding and the amount of any such increase found by
him to be necessary and thereupon such national marketing quota
shall be so increased or terminated. In case any national marketing
quota is increased under this subsection, the Secretary shall provide
for such increase by increasing acreage allotments established under
this part by a uniform percentage.

(d) Farm marketing quotas for wheat crops planted in calendar
years 1966-1970.

Notwithstanding any other provision of this chapter, the Secre-
tary shall proclaim a national marketing quota for the crops of
wheat planted for harvest in the calendar years 1966 through 1970,
and farm marketing quotas shall not be in effect for such crops of
wheat. (Feb. 16, 1938, ch. 30, title III, § 332, 52 Stat. 53; Aug. 28,
1954, ch. 10041, title III, § 307, 68 Stat. 903; Sept. 27, 1962, Pub. L.
87-703, title III, § 311, 76 Stat. 619; Nov. 3, 1965, Pub. L. 89-321,
title V, § 501(1), 79 Stat. 1199; Oct. 11, 1968, Pub. L. 90-559, § 1(1),
82 Stat. 996.)

7 U.S.C. 1371. General adjustment of quotas

(a) Investigation and adjustment to maintain normal supply.

If at any time the Secretary has reason to believe that in the case
of cotton, rice, peanuts, or tobacco the operation of farm marketing
quotas in effect will cause the amount of such commodity which is
free of marketing restrictions to be less than the normal supply for
the marketing year for the commodity then current, he shall cause
an immediate investigation to be made with respect thereto. In the
course of such investigation due notice and opportunity for hearing
shall be given to interested persons. If upon the basis of such inves-
tigation the Secretary finds the existence of such fact, he shall pro-
claim the same forthwith. He shall also in such proclamation specify
such increase in, or termination of, existing quotas as he finds, on
the basis of such investigation, is necessary to make the amount of
such commodity which is free of marketing restrictions equal the
normal supply.

[Emphasis supplied.]

(b) Adjustment because of emergency or export demand.

// the Secretary has reason to believe that, because of a national
emergeiwy or because of a material increase in export demand, any
national marketing quota or acreage allotment for cotton, rice, pea-
nuts, or tobacco should be increased or terminated, he shall cause an
immediate investigation to be made to determine whether the
increase or termination is necessary to meet such emergency or
increase in export demand. If, on the basis of such investigation, the
Secretary finds that such increase or termination is necessary, he
shall immediately proclaim such finding (and if he finds an increase
is necessary, the amount of the increase found by him to be neces-
sary) and thereupon such quota or allotment shall be increased, or
shall terminate, as the case may be.

In case any national marketing quota or acreage allotment for any
commodity is increased under this section, each farm marketing
quota for the commodity shall be increased in the same ratio. (Feb.
16, 1938, ch. 30. title III, § 371, 52 Stat. 64; Apr. 3, 1941, ch. 39, § 5,
55 Stat. 92; Aug. 28, 1954, ch. 1041, title III, § 312, 68 Stat. 905;
Sept. 27, 1962, Pub. L. 87-703, title III, § 321, 76 Stat. C26.)

7 U.S.C. 1743. Reduction of set-aside

(a) Such commodity set-aside shall be reduced by disposals made
in accordance with the directions of the President as follows :

(1) Donation, sale, or other disposition for disaster or other
relief purposes outside the United States pursuant to and sub-
ject to the limitations of subchapter III of chapter 41 of this
title ;

(2) Sale or barter (including barter for strategic materials)
to develop new or expanded markets for American agricultural
commodities, including but not limited to disposition pursuant
to and subject to the limitations of subchapter II of chapter 41
of this title;

(3) Donation to school-lunch programs;

(4) Transfer to the national stockpile established pursuant to
sections 98 to 98h of Title 50, without reimbursement from
funds appropriated for the purposes of said sections ;

(5) Donation, sale, or other disposition for research, experi-
mental, or educational purposes;

(6) Donation, sale, or other disposition for disaster relief
purposes in the United States or to meet any national emer-
gency declared by the President; and

(7) Sale for unrestricted use to meet a need for increased
supplies at not less than 105 per centum of the parity price in
the case of agricultural commodities and a price reflecting 105
per centum of the parity price of the agricultural commodity in
the case of products of agricultural commodities.

The President shall prescribe such terms and conditions for the
disposal of commodities in the commodity set-aside as he determines
[Emphasis supplied.]

will provide adequate safeguards against interference with normal
marketings of the supplies of such commodities outside the commod-
ity set-aside. Strategic materials acquired by the Commodity Credit
Corporation under paragraph (2) of this subsection shall be trans-
ferred to the national stockpile established pursuant to sections 98 to
98h of Title 50, and the Commodity Credit Corporation shall be
reimbursed for the value of the commodities bartered for such stra-
tegic materials from funds appropriated pursuant to section 98g of
Title 50. For the purpose of such reimbursement, the value of any
commodity so bartered shall be the lower of the domestic market
price or the Commodity Credit Corporation's investment therein as
of the date of such barter, as determined by the Secretary of Agri-
culture.

(b) The quantity of any commodity in the commodity set-aside
shall be reduced to the extent that the Commodity Credit Corpora-
tion inventory of such commodity is reduced, by natural or other
cause beyond the control of the Corporation, below the quantity then
charged to the commodity set-aside. (Aug. 28, 1954, ch. 1041, title I,
§ 103, 68 Stat. 897.)

— N O T E —

Excerpt from House Kept. 1927, 83d Cong., 2d Sess. (1954)
commodity set-aside

Authority is provided for the Commodity Credit Corpo-
ration, as the President requested, to set-aside reserves up to
a value of $2,500 million from the present CCC stocks.
These stocks will be insulated from the commercial supplies
and used in constructive ways, such as in school-lunch pro-
grams, disaster relief, aid to the people of other countries,
and stockpiled reserves at home for use m a national emer-
gency.

1 TT.S.C. 1903. Limitations on Government procurement and price
support; modification during national emergency; statement
or eligibility

The public policy declared in this chapter shall be taken into con-
sideration by all agencies of the Federal Government in connection
with all procurement and price support programs and operations
and after June 30, 1960, no agency or instrumentality of the United
States shall contract for or procure any livestock products produced
or processed by any slaughterer or processor which in any of its
plants or in any plants of any slaughterer or processor with which it
is affiliated slaughters or handles in connection with slaughter live-
stock by any methods other than methods designated and approved
by the Secretary of Agriculture (hereinafter referred to as the Sec-
retary) pursuant to section 1904 of this title: Provided, That during
the period of any national emergency declared by the President or
the Congress, the limitations on procurement required by this section

[Emphasis supplied.]

may be modified by the President to the extent determined by him
to be necessary to meet essential procurement needs during such
emergency. For the purposes of this section a slaughterer or proces-
sor snail be deemed to be affiliated with another slaughterer or proc-
essor if it controls, is controlled by, or is under common control
with, such other slaughterer or processor. After June 30, 1960, each
supplier from which any livestock products are procured by any
agency of the Federal Government shall be required by such agency
to make such statement of eligibility under this section to supply
such livestock products as, if false, will subject the maker thereof to
prosecution, section 287 of Title 18. (Pub. L. 85-765, §3, Aug. 27,
1958, 72 Stat. 862.)

Title 8 — Aliens and Nationality

8 TJ.S.C. 1182. Excludable aliens
(a) General classes.

Except as otherwise provided in this chapter, the following classes
of aliens shall be ineligible to receive visas and shall be excluded
from admission into the United States :

*******

(22) Aliens who are ineligible to citizenship, except aliens
seeking to enter as nonimmigrants; or persons who have
departed from or who have remained outside the United States
to avoid or evade training or service in the armed forces in time
of war or a period declared by the President to be a national
emergency, except aliens who were at the time of such departure
nonimmigrant aliens and who seek to reenter the United States
as nonimmigrants;

8 U.S.C. 1185. Travel control of citizens and aliens during

WAR OR NATIONAL EMERGENCY

(a) Restrictions and prohibitions on aliens.

When the United States is at war or during the existence of any
national emergency proclaimed- by the President, or, as to aliens,
whenever there exists a state of war between or among two or more
states, and the President shall find that the interests of the United
states require that restrictions and prohibitions in addition to those
provided otherwise than by this section be imposed upon the depar-
ture of persons from and their entry into the United States, and
shall make public proclamation thereof, it shall, until otherwise
ordered by the President or the Congress, be unlawful— utuerwlse

* i1LfJ>r *ny allen J? *i?part from or enter or attempt to
depart from or enter the United States except under such rea-

[ Emphasis supplied.]

sonable rules, regulations, and orders, and subject to such limi-
tations and exceptions as the President may prescribe ;

(2) for any person to transport or attempt to transport from
or into the United States another person with knowledge or rea-
sonable cause to believe that the departure or entry of such
other person is forbidden by this section ;

(3) for any person knowingly to make any false statement in
an application for permission to depart from or enter the
United States with intent to induce or secure the granting of
such permission either for himself or for another ;

(4) for any person knowingly to furnish or attempt to fur-
nish or assist in furnishing to another a permit or evidence of
permission to depart or enter not issued and designed for such
other person's use;

(5) for any person knowingly to use or attempt to use any
permit or evidence of permission to depart or enter not issued
and designed for his use;

(6) for any person to forge, counterfeit, mutilate, or alter, or
cause or procure to be forged, counterfeited, mutilated, or
altered, any permit or evidence of permission to depart from or
enter the United States;

(7) for any persons knowingly to use or attempt to use or
furnish to another for use any false, forged, counterfeited, muti-
lated, or altered permit, or evidence of permission, or any
permit or evidence of permission which, though originally valid,
has become or been made void or invalid.

(b) Citizens.

After such proclamation as is provided for in subsection (a) of
this section has been made and published and while such proclama-
tion is in force, it shall, except as otherwise provided by the Presi-
dent, and subject to such limitations and exceptions as the President
may authorize and prescribe, be unlawful for any citizen of the
United States to depart from or enter, or attempt to depart from or
enter, the United States unless he bears a valid passport.

Any person who shall willfully violate any of the provisions of
this section, or of any order or proclamation of the President pro-
mulgated, or of any permit, rule, or regulation issued thereunder,
shall, upon conviction, be fined not more than $5,000, or, if a natural
person, imprisoned for not more than five years, or both; and the
officer, director, or agent of any corporation who knowingly partici-
pates in such violation shall be punished by like fine or imprison-
ment, or both; and any vehicle, vessel, or aircraft together with its
appurtenances, equipment, tackle, apparel, and furniture concerned
in any such violation, shall be forfeited to the United States.

(d) Definitions.

The term "United States'' as used in this section includes the
Canal Zone, and all territory and waters, continental or insular, sub-
ject to the jurisdiction of the United States. The term "person" as
used in this section shall be deemed to mean any individual, partner-

[Empbasis supplied.]

ship, association, company, or other incorporated body of individu-
als, or corporation, or body politic.

(e) Nonadmission of certain aliens.

Nothing in this section shall be construed to entitle an alien to
whom a permit to enter the United States has been issued to enter
the United States, if, upon arrival in the United States, he is found
to be inadmissible under any of the provisions of this chapter, or
any other law, relative to the entry of aliens into the United States.

(f ) Revocation of proclamation as affecting penalties.

The revocation of any proclamation, rule, regulation, or order
issued in pursuance of this section shall not prevent prosecution for
any offense committed, or the imposition of any penalties or forfeit-
ures, liability for which was incurred under this section prior to the
revocation of such proclamation, rule, regulation, or order.

(g) Permits to enter.

Passports, visas, reentry permits, and other documents required
for entry under this chapter may be considered as permits to enter
for the purposes of this section. (June 27, 1952, ch. 477, title II, ch.
2, § 215, 66 Stat. 190.)

—NOTE—

Excerpt from Hottse Reft. 485, 65th Cong., 2d Sess. (1917)

The bill is intended to stop an important gap in the war
legislation of the United States. When the war began in
1914 the necessity of controlling foreign travel was immedi-
ately recognized by the belligerents and all adopted strin-
gent systems of regulation. It is a matter of common knowl-
edge that Germany has from time to time closed her
borders entirely. As soon as this country entered the war
the President provided by regulations 9 and 10 of this proc-
lamation of April 6, 1917, that German alien enemies
might not enter or leave the United States without securing
permission. When war was declared against Austria-Hun-
gary similar regulations were promulgated concerning Aus-
tro-Hungarian alien enemies.

This measure of limitation of foreign travel was far from
sufficient. To begin with it left unaffected journeys by
women of enemy nationality. Such journeys are now par-
tially restrained by section 3(6) of the Trading With the
Enemy Act. Even this act leaves American citizens and neu-
trals perfectly free to come and go. No argument is neces-
sary to indicate the probability that Germany will wherever
possible employ renegade Americans or neutrals as her
agents instead of employing Germans about whom suspicion
would easily be excited. The danger of the transference of
important military information causes the Government
great anxiety, particularly as the Attorney General has for-
mally ruled that neither the President nor the executive
departments have power to curb the general departure and
entry of travelers.

[Emphasis supplied.]

8 U.S.C. 1440. Naturalization through active-duty service in the

ARMED FORCES DURING WORLD WaB I, WORLD WAR II, KOREAN HOS-
TILITIES, Vietnam hostilities, or other periods op military hos-

TILITES

(a) Requirements.

Any person who, while an alien or a noncitizen national of the
United States, has served honorably in an active-duty status in the
military, air, or naval forces of the United States during either
World War I or during a period beginning September 1, 1939, and
ending December 31, 1946, or during a period beginning June 25,
1950, and ending July 1, 1955, or during a period beginning Febru-
ary 28, 1961, and ending on a date designated by the President by
Executive order as of the date of termination of the Vietnam hostil-
ities, or thereafter during amy other period which the President by
Executive order shall designate as a period in which Armed Forces
of the United States are or were engaged in military operations
involving armed conflict with a hostUe foreign force, and who, if
separated from such service, was separated under honorable condi-
tions, may be naturalized as provided in this section if (1) at the
time of enlistment or induction such person shall have been in the
United States, the Canal Zone, American Samoa, or Swains Island,
whether or not he has been lawfully admitted to the United States
for permanent residence, or (2) at any time subsequent to enlistment
or induction such person shall have been lawfully admitted to the
United States for permanent residence. The executive department
under which such person served shall determine whether persons
have served honorably in an active-duty status, and whether separa-
tion from such service was under honorable conditions: Provided,
however, That no person who is or has been separated from such
service on account of alienage, or who was a conscientious objector
Who performed no military, air, or naval duty whatever or refused
to wear the uniform, shall be regarded as having served honorably
or having been separated under honorable conditions for the pur-

Eoses of this section. No period of service in the Armed Forces shall
e made the basis of a petition for naturalization under this section
if the applicant has previously been naturalized on the basis of the
same period of service.

(b) Exceptions.

A person filing a petition under subsection (a) of this section
shall comply in all other respects with the requirements of this sub-
chapter, except that —

(1) he may be naturalized regardless of age, and notwith-
standing the provisions of section 1429 of this title as they
relate to deportability and the provisions of section 1442 of this
title;

(2) no period of residence or specified period of physical
presence within the United States or any State shall be
required ;

(3) the petition for naturalization may be filed in any court
having naturalization jurisdiction regardless of the residence of
the petitioner;

[Emphasis supplied.]

(4) service in the military, air or naval forces of the United
States shall be proved by a duly authenticated certification from
the executive department under which the petitioner served or is
serving, which shall state whether the petitioner served honora-
bly in an active-duty status during either World War I or
during a period beginning September 1, 1939, and ending
December 31, 1946, or during a period beginning June 25, 1950,
and ending July 1, 1955, or during a period beginning February
28, 1961, and ending on a date designated by the President by
Executive order as the date of termination of the Vietnam hos-
tilities, or thereafter during any other period which the Presi-
dent by Executive order shall designate as a period in_ which
Armed Forces of the United States are or were engaged in mili-
tary operations involving armed conflict with a hostile foreign
force, and was separated from such service under honorable con-
ditions; and

(5) notwithstanding section 1447 (c) of this title, the peti-
tioner may be naturalized immediately if prior to the filing of
the petition the petitioner and the witnesses shall have appeared
before and been examined by a representative of the Service.

Citizenship granted pursuant to this section may be revoked in
accordance with section 1451 of this title if at any time subsequent
to naturalization the person is separated from the military, air, or
naval forces under other than honorable conditions, and such ground
for revocation shall be in addition to any other provided by law.
The fact that the naturalized person was separated from the service
under other than honorable conditions shall be proved by a duly
authenticated certification from the executive department under
which the person was serving at the time of separation.

(d) Applicability of petitions filed prior to January 1, 1947.

The eligibility for naturalization of any person who filed a peti-
tion for naturalization prior to January 1, 1947, under section 701 of
the Nationality Act of 1940, as amended (56 Stat. 182, 58 Stat. 886,
59 Stat. 658), and which is still pending on the effective date of this
chapter, shall be determined in accordance with the provisions of
this section. (June 27, 1952, ch. 477, title III, ch. 2, § 329, 66 Stat.
250; Sept. 26, 1961, Pub. L. 87-301, § 8, 75 Stat. 654; Oct. 24, 1968,
Pub. L. 90-633, §§ 1, 2, 6, 82 Stat. 1343, 1344.)

8 TJ.S.C. 1440e. Exemption from naturalization fees for aliens

NATURALIZED THROUGH SERVICE DURING VIETNAM HOSTILITIES OR
OTHER SUBSEQUENT PERIOD OF MILITARY HOSTILITIES; REPORT BY
CLERKS OF COURTS TO ATTORNEY GENERAL

Notwithstanding any other provision of law, no clerk of a United
States court shall charge or collect a naturalization fee from an
alien who has served in the military, air, or naval forces of the
United States during a period beginning February 28, 1961, and
ending on the date designated by the President by Executive order as

[Emphasis supplied.]

the date of termination of the Vietnam hostilities, or thereafter
during any other period which the President by Executive order
shall designate as a period in which Armed Forces of the United
States are or were engaged in military operations involving armed
conflict with a hostile foreign force, and who is applying for natu-
ralization during such periods under section 1440 of this title, for
filing a petition for naturalization or issuing a certificate of natural-
ization upon his admission to citizenship, and no clerk of any State
court shall charge or collect any fee for such services unless the laws
of the State require such charge to be made, in which case nothing
more than the portion of the fee required to be paid to the State
shall be charged or collected. A report of all transactions under this
section shall be made to the Attorney General as in the case of other
reports required of clerks of courts by this subchapter. (Pub. L.
90-633, § 3, Oct. 24, 1968, 82 Stat. 1344.)

— N O T E —

Excerpt from House Reft. 1968, 90th Cong., 2d Sess. (1968)

. . . This section represents a long legislative history
which has made service during prescribed periods the sole
criterion for eligibility without regard to the areas in which
the service may have been performed. The House conferees
recognized and agreed that a serviceman's availability for
assignment to a combat zone is ever present and that serv-
icemen serving during the period of the Vietnam hostilities
are no less deserving of such special naturalization privi-
leges than those who served during World War I, World
War II, or the Korean conflict. Furthermore, limiting the
special benefits to members of the Armed Forces serving in
defined combatant areas will lead to uncertainty and become
a question of fact in each case whether the serviceman has
served hi such an area.

8 U.S.C. 1442. Alien enemies

(a) Naturalization under specified conditions.

An alien who is a native, citizen, subject, or denizen of any coun-
try, state, or sovereignty with which the United States is at war
may, after his loyalty has been fully established upon investigation
by the Attorney General, be naturalized as a citizen of the United
States if such alien's petition for naturalization shall be pending at
the beginning of the state of war and the petitioner is otherwise
entitled to admission to citizenship.

(b) Procedure.

An alien embraced within this section shall not have his petition
for naturalization called for a hearing, or heard, except after ninety
days' notice given by the clerk of the court to the Attorney General
to be represented at the hearing, and the Attorney General's objec-
tion to such final hearing shall cause the petition to be continued

[Emphasis supplied.]

from time to time for so long as the Attorney General may require.

The Attorney General may, in his discretion, upon investigation
fully establishing the loyalty of any alien enemy who did not have a
petition for naturalization pending at the beginning of the state of
war, except such alien enemy from the classification of alien enemy
for the purposes of this subchapter, and thereupon such alien shall
have the privilege of filing a petition for naturalization.

(d) Effect of cessation of hostilities.

An alien who is a native, citizen, subject, or denizen of any coun-
try, state, or sovereignty with which the United States is at war
shall cease to be an alien enemy within the meaning of this section
upon the determination by proclamation of the President, or by con-
current resolution of the Congress, that hostilities between the
United States and such country, state, or sovereignty have ended.
Notwithstanding the provisions of section 405 (b) of this Act, this
subsection shall also apply to the case of any such alien whose peti-
tion for naturalization was filed prior to the effective date of this
chapter and which is still pending on that date.

(e) Apprehension and removal.

Nothing contained herein shall be taken or construed to interfere
with or prevent the apprehension and removal, consistent with law,
or any alien enemy at any time prior to the actual naturalization of
such alien. (June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat.
252.)

—NOTE—

Excerpt from House Reft. 1365, 82d Cong., 2d Sess. (1952)
alien enemies

The bill continues the provisions of existing law with ref-
erence to the naturalization of alien enemies. However,
subsection (e) of section 331 is new, and provides that an
alien enemy shall cease to have that status within the mean-
ing of the section, upon the determination by proclamation
of tlie President, or by concurrent resolution of the Con-
gress, that hostilities between the United States and th©
alien's former country have ended. This new provision will
permit the processing of petitions for naturalization of
alien enemies after hostilities have ceased but before an
actual treaty has been ratified.

8 U.S.C. 1481. Loss of nationality bt native-born or naturalized

CITIZEN ; VOLUNTARY ACTION J BURDEN OF PROOF ; PRESUMPTIONS

(a) From and after the effective date of this chapter a person
who is a national of the United States whether by birth or naturali-
zation, shall lose his nationality by

[Emphasis supplied.]

(10) departing from or remaining outside of the jurisdiction
of the United States in time of war or during a period declared
by the President to be a period of national emergency for the
purpose of evading or avoiding training and service in the mili-
tary, air, or naval forces of the United States. For the purposes
of this paragraph failure to comply with any provision of any
compulsory service laws of the United States shall raise the pre-
sumption that the departure from or absence from the United
States was for the purpose of evading or avoiding training and
service in the military, air, or naval forces of the United States.

— N 0 T E —

Excerpt from Hotjse Reft. 1365, 82d Cong., 2d Sess. (1952)

The tenth act causing loss of nationality is departing
from or remaining outside of the United States in time of
war or during a proclaimed national emergency for the
purpose of evading or avoiding training and service in the
military, air, or naval forces. The bill adds a provision that
the failure to comply with any provision of any compulsory
service laws of the United States shall raise the presump-
tion that the departure from or absence from the United
States was for the purpose of evading or avoiding training
and service.

Title 10 — Armed Forces

10 U.S.C. 123. Suspension op certain provisions op law relating

TO RESERVE COMMISSIONED OFFICERS

(a) In time of war, or of national emergency declared by Con-
gress, the President may suspend the operation of any provision of
the following sections of this title with respect to any armed force:
281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a)
(last sentence) , 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367,
3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386,
3388, 3389, 3390, 3392, 3393, 3494, 3571, 3819, 3820(c), 3843, 3844,
3845, 3846, 3847, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457,
5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897,
5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5908, 5909, 5910,
5911, 6391, 6397, 6398, 6403, 6410, 8217, 8218, 8219, 8353; 8354, 8358,
8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372,
8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494,
8571, 8819, 8843, 8844, 8845, 8846, 8847, 8848, 8850, 8851, 8852, 8853,
and 8855.

(b) If a provision is so suspended, the Secretary of Defense shall,
before the end of that suspension, recommend to Congress legislation
necessary to adjust the grades of reserve commissioned officers other

[Emphasis supplied.]

than commissioned warrant officers. So far as practicable, this legis-
lation shall be the same as that recommended for adjusting the
grades of officers of the regular component of the armed force con-
cerned. (Added Pub. L. 85-861, § 1 (2) (A), Sept. 2, 1958, 72 Stat.
1437, and amended Pub. L. 86-559, § 1 (1), June 30, 1960, 74 Stat.
264; Pub. L. 89-718, § 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L.
90-130, § 1(1), Nov. 8, 1967, 81 Stat. 374.)

(b) Notwithstanding subsection (a), if the President determines it
to be necessary became of hostilities or an imminent threat of hostil-
ities, any function, power, or duty, including one assigned to the
Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012,
5013, or 8062(c) of this title, may be transferred, reassigned, or con-
solidated. The transfer, reassignment, or consolidation remains in
effect until the President determines that hostilities have terminated
or that there is no longer an imminent threat of hostilities, as the
case may be.

(c) Notwithstanding subsection (a), the Secretary of Defense may
assign or reassign the development and operational use of new weap-
ons or weapons systems to one or more of the military departments
or one or more of the armed forces. However, notwithstanding any
other provision of this title or any other law, the Secretary of
Defense shall not direct or approve a plan to initiate or effect a sub-
stantial reduction or elimination of a major weapons system until
the Secretary of Defense has reported all the pertinent details of the
proposed action to the Congress of the United States while the Con-
gress is in session.

(d) In subsection (a)(1), "major combatant function, power, or
duty" does not include a supply or service activity common to more
than one military department. The Secretary of Defense shall,
whenever he determines it will be more effective, economical, or
efficient, provide for the performance of such an activity by one
agency or such other organizations as he considers appropriate.
(Added Pub. L. 87-651, title II, § 201(a), Sept. 7, 1962, 76 Stat.
515 and amended Pub. L. 89-501, title IV, § 401, July 13, 1966, 80
Stat. 278.)

10 U.S.C. 125. Functions, powers, and duties : transfer,

REASSIGNMENT, CONSOLIDATION , OR ABOLITION

(a) Subject to section 401 of title 50, the Secretary of Defense
shall take appropriate action (including the transfer, reassignment,
consolidation, or abolition of any function, power, or duty) to pro-
vide more effective, efficient, and economical administration and
operation, and to eliminate duplication, in the Department of
Defense. However, except as provided by subsections (b) and (c), a
function, power, or duty vested in the Department of Defense, or an
officer, official, or agency thereof, by law may not be substantially
transferred, reassigned, consolidated, or abolished unless the Secre-
tary reportsrthe details of the proposed transfer, reassignment, con-
solidation, or abolition to the Committees on Armed Services of the

(Emphasis supplied.]

Senate and House of Representatives. The transfer, reassignment,
consolidation, or abolition concerned takes effect on the first day
after the expiration of the first 30 days that Congress is in continu-
ous session after the Secretary so reports, unless either of those
Committees, within that period, reports a resolution recommending
that the proposed transfer reassignment, consolidation, or abolition
be rejected by the Senate or the House of Representatives, as the
case may be, because it—

(1) proposes to transfer, reassign, consolidate, or abolish a
major combatant function, power, or duty assigned to the Army,
Navy, Air Force, or Marine Corps by section 3062(b), 5012,
5013 or 8062(c) of this title; and

(2) would in its judgment, tend to impair the defense of the
United States.

If either of those Committees, within that period, reports such a
resolution and it is not adopted by the Senate or the House of Rep-
resentatives, as the case may be, within the first 40 days that Con-
gress is in continuous session after that resolution is so reported, the
transfer, reassignment, consolidation, or abolition concerned takes
effect on the first day after the expiration of that forty-day period.
For the purposes of this subsection, a session may be considered as
not continuous only if broken by an adjournment of Congress sine
die. However, in computing the period that Congress is in continu-
ous session, days that the Senate or the House of Representatives is
not in session because of an adjournment of more than three days to
a day certain are not counted.

10 U.S.C. 142. Chairman

(a) The Chairman of the Joint Chiefs of Staff shall be appointed
by the President, by and with the advice and consent of the Senate,
from the officers of the regular components of the armed forces. He
serves at the pleasure of the President for a term of two years, and
may be reappointed in the same manner for one additional term.
However, in time of war declared by Congress there is no limit on
the number of reappointments.

(b) In addition to his other duties as a member of the Joint
Chiefs of Staff, the Chairman shall, subject to the authority and
direction of the President and the Secretary of Defense —

(1) preside over the Joint Chiefs of Staff;

(2) provide agenda for the meetings of the Joint Chiefs of
Staff and assist them in carrying on their business as promptly
as practicable ; and

(3) inform the Secretary of Defense, and, when the President
or the Secretary of Defense considers it appropriate, the Presi-
dent, of those issues upon which the Joint Chiefs of Staff have
not agreed.

(c) While holding office, the Chairman outranks all other officers
of the armed forces. However, he may not exercise military com-

I Emphasis supplied.]

mand over the Joint Chiefs of Staff or any of the armed forces.
(Aug. 10, 1956, oh. 1041, 70A Stat. 7; Sept. 7, 1962, Pub. L. 87-649,
§ 14c(l), 76 Stat. 501.)

10 U.S.C. 143. Joint Staff

(a) There is under the Joint Chiefs of Staff a Joint Staff consist-
ing of not more than 400 officers selected by the Joint Chiefs of
Staff with the approval of the Chairman. The Joint Staff shall be
selected in approximately equal numbers from —

( 1 ) the Army ;

(2) the Navy and the Marine Corps ; and

(3) the Air Force.

The tenure of the members of the Joint Staff is subject to the
approval of the Chairman of the Joint Chiefs of Staff, and except
in time of war, no such tenure of duty may be more than three
years. Except in time of war, officers completing a tour of duty with
the Joint Staff may not be reassigned to the Joint Staff for a period
of not less than three years following their previous tour of duty on
the Joint Staff except that selected officers may be recalled to Joint
Staff duty in less than three years with the approval of the Secre-
tary of Defense in each case. The number of such officers recalled to
Joint Staff duty in less than three years shall not exceed 30 serving
on the Joint Staff at any one time.

(b) The Chairman of the Joint Chiefs of Staff in consultation
with the Joint Chiefs of Staff, and with the approval of the Secre-
tary of Defense, shall select the Director of the Joint Staff. Except
in time of war, the tour of duty of the Director may not exceed
three years. Upon the completion of a tour of duty as Director of
the Joint Staff, the Director, except in time of war, may not be reas-
signed to the Joint Staff. The Director must be an officer junior in
grade to each member of the Joint Chiefs of Staff.

(c) The Joint Staff shall perform such duties as the Joint Chiefs
of Staff or the Chairman prescribes. The Chairman of the Joint
Chiefs of Staff manages the Joint Staff and its Director, on behalf
of the Joint Chiefs of Staff.

(d) The Joint Staff shall not operate or be organized as an over-
all Armed Forces General Staff and shall have no executive author-
ity. The Joint Staff may be organized and may operate along con-
ventional staff lines to support the Joint Chiefs of Staff in
discharging their assigned responsibilities. (Aug. 10, 1956, ch. 1041,
70A Stat. 7; Aug. 6, 1958, Pub. L. 85-599, § 5 (a), 72 Stat. 517.)

—NOTE—

Excerpt from Senate Kept. 1876, 87th Cong., 2d Sess. (1962)

The proposed legislation will give the executive branch,
in clear and unequivocal terms, authority to accomplish all
that it has said it wants to do. At the same time, provision
[Emphasis supplied.]

is made for Congress to retain and exercise the responsibil-
ities imposed upon it by the Constitution.

*******
The policy provision of existing law and the proposed
legislation states that the military departments are not to be
merged. All witnesses appearing before the committee, and
the President, have stated that the military departments
should not be merged. Great emphasis has been placed on
the efficiency of decentralization in an organization of this
magnitude.

*******
Finally, it should be noted that the proposed section 3
gives the President full and absolute power, without restric-
tions of any nature, to transfer, reassign, or consolidate any
function (including combatant functions) in time of hostili-
ties or imminent threat of hostilities. Upon the termination
of hostilities or imminent threat of hostilities, the functions
will revert to their former status. The paragraph of the
proposed section 3 gives the President unlimited flexibility
when immediate decisions are required. The President is
given the sole authority to determine when hostilities exist
or when there is "imminent threat of hostilities."

— NOTE—

Excerpt prom House Reft. 1066, 82d Cong., 2d Sess. (1952)

mission and purpose of the reserve components

Generally. — The mission of the reserve components is to
provide the initial forces in mobilization. It is not to be
construed to imply that the Reserves will be relieved when
additional personnel and units are available, but that they
will be continued on active duty or released in accordance
with the needs of the Armed Forces dependent upon the
extent of the planned mobilization. In addition, the mission
of the reserve components includes the supplying of person-
nel necessary for enabling the Armed Forces to attain their
authorized strengths at other times.

10 U.S.C. 262. Purpose

The purpose of each reserve component is to provide trained units
and qualified persons available for active duty in the armed forces,
in time of war or natwn-al emergency and at such other times as the
national security requires, to fill the needs of the armed forces when-
ever, during, and after the period needed to procure and train addi-
tional units and qualified persons to achieve the planned mobiliza-
tion, more units and persons are needed than are in the regular

[Emphasis supplied.]

components. (Aug. 10, 1956, ch. 1041, 70A Stat 10; Dec. 1, 1967,
Pub. L. 90-168, § 2(5), 81 Stat 521.)

10 U.S.C. 263. Basic policy for ordeb into Federal service

Whenever Congress determines that more units and organizations
are needed for the national security than are in the regular compo-
nents of the ground and air forces, the Army National Guard of the
United States and the Air National Guard of the United States, or
such parts of them as are needed, together with units of other
reserve components necessary for a balanced force, shall be ordered
to aotive duty and retained as long as so needed. (Aug. 10, 1956, ch.
1041, 70A Stat. 11.)

Historical and Revision Notes

Revised
section

Source (U.S. Code)

Source (Statutes at Large)

263_ _

50: 921 (b) (less 1st sentence).

July 9, 1952, ch. 608, § 201(b)
(less 1st sentence), 66 Stat. 482.

The words "It is the intent of Congress that" are omitted as surplusage. The
words "more * * * than are in" are substituted for the words "in excess of
those". The words "active duty" are substituted for the words "active military
service of the United States". The words "as long as so needed" are substi-
tuted for the words "so long as such necessity exists".

Presidential Authorization To Order Ready Reserve to Active Duty

Pub. L. 89-687, title I, § 101, Oct. 15, 1966, 80 Stat 981, as amended by Pub.
L. 90-500, title III, § 303, Sept 20, 1968, 82 Stat. 850, provided that :

"(a) Notwithstanding any other provision of law, until June 30, 1968, the
President may order to active duty any member of the Ready Reserve of an
armed force who —

"(1) is not assigned to, or participating satisfactorily in, a unit in the
Selected Reserve, and

"(2) has not fulfilled his statutory reserve obligation, and

"(3) has not served on active duty or active duty for training for a total of
twenty-four months.

"(b) Notwithstanding the provisions of any other law, until June 30, 1968,
the President may order to active duty any member of the Ready Reserve of
an armed force who had become a member of a reserve component prior to
July 1, 1966 ; and who

"(1) has not served on active duty or active duty for training for a period
of one hundred and twenty days or more; and

"(2) has not fulfilled his statutory reserve military obligation.

"(c) A member ordered to active duty under this section may be required to
serve on active duty until his total service on active duty or active duty for
training equals twenty-four months. If the enlistment or period of military
service of a member of the Ready Reserve ordered to active duty under
subsection (a) or (b) of this section would expire before he has served the
required period of active duty prescribed herein, his enlistment or period of
military service may be extended until that service on active duty has been
completed.

[Emphasis supplied.]

"(d) In order to achieve fair treatment as between members in the Ready
Reserve who are being considered for active duty under this section, appropri-
ate consideration shall be given to —

"(1) family responsibilities; and

"(2) employment necessary to maintain the national health, safety, or
interest.

"(e) Notwithstanding any other provision of law, until June 30, 1969, the
President may, when he deems it necessary, order to active duty any unit of
the Ready Reserve of an armed force for a period of not to exceed twenty-
four months."

Pub. L. 87-736, Oct. 3. 1962, 76 Stat 710, authorized the President, until
February 28, 1963, to order any unit, and any member of the Ready Reserve
of an armed force to active duty for not more than twelve consecutive months.

Pub. L. 87-117, Aug. 1, 1961, 75 Stat. 242, authorized tile President, until
July 1. 1962, to order any unit, and any member not assigned to a unit orga-
nized to serve as a unit, in the Ready Reserve of an armed force to active
duty for not more than twelve consecutive months.

10 U.S.C. 269. Ready Reserve: placement in; transfer from

(a) Each person required under law to serve in a reserve compo-
nent shall, upon becoming a member, be placed in the Ready Reserve
•of his armed force for his prescribed term of service, unless he is eli-
gible to transfer to the Standby Reserve under subsection (e) .

(b) The units and members of the Army National Guard of the
United States and of the Air National Guard of the United States
are in the Ready Reserve of the Army and the Ready Reserve of the
Air Force, respectively.

(c) All Reserves assigned to units organized to serve as units and
designated as units in the Ready Reserve are in the Ready Reserve.

(d) Under such regulations as the Secretary concerned may pre-
scribe, any qualified Reserve may, upon his request, be placed in the
Ready Reserve. However, a member of the Retired Reserve who is
entitled to retired pay may not be placed in the Ready Reserve
unless the Secretary concerned makes a special finding that the
member's services in the Ready Reserve are indispensable. The Sec-
retary concerned may not delegate his authority under the preceding
sentence :

(e) Except in time of tear or of national emergency declared by
Congress, a Reserve who is not on active duty, or who is on active
duty for training, shall, upon his request, be transferred to the
; Standby Reserve for the rest of his term of service, if —

(1) he served on active duty (other than for training) in the
armed forces for an aggregate of at least five years ; or

(2) he served on active duty (other than for training) in the
armed forces for an aggregate of less than five years, but satis-
factorily participated, as determined by the Secretary con-
cerned, in an accredited training program in the Ready Reserve
for a period which, when added to his period of active duty
(other than for training), totals at least five years, or such
shorter period as the Secretary concerned, with the approval of
the Secretary of Defense in the case of a Secretary of a military

i [Emphasis supplied.]

department, may prescribe for satisfactory participation in an
accredited training program designated by the Secretary con-
cerned.

This subsection does not apply to a member of the Ready Reserve
while he is serving under an agreement to remain in the Ready
Reserve for a stated period.

(f) Subject to subsection (g), a member in the Ready Reserve
may be transferred to the Standby Reserve or, if he is qualified and
so requests, to the Retired Reserve, under such regulations as the
Secretary concerned, with the approval of the Secretary of Defense
in the case of a Secretary of a military department, may prescribe.

(g) A member of the Army National Guard of the United States
or the Air National Guard of the United States may be transferred
to the Standby Reserve only with the consent of the governor or
other appropriate authority of the State or Territory, Puerto Rico,
the Canal Zone, or the District of Columbia, whichever is concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 12; Sept. 2, 1958, Pub. L.
85-861, § 1 (4), 72 Stat. 1437; June 30, 1960, Pub. L. 86-599, § 1
(2) (A), 74 Stat. 264; Dec. 1, 1967, Pub. L. 90-168, § 2 (9), 81 Stat.
522.)

10 U.S.C. 271. Ready Reserve : continuous screening

Under regulations to be prescribed by the President, each armed
force shall provide a system of continuous screening of units and
members of the Ready Reserve to insure that —

(1) there will be no significance attrition of those members or
units during a mobilization ;

(2) there is a proper balance of military skills;

(3) except for those with military skills for which there is an
overriding requirement, members having critical civilian skills
are not retained in numbers beyond the need for those skills;

(4) with due regard to national security and military require-
ments, recognition will be given to participation in combat; and

(5) members whose mobilization in an emergency would

retained in the Ready Reserve.
(Added Pub. L. 85-861, § 1 (5) (A), Sept. 2, 1958, 72 Stat.

10 U.S.C. 331. Federal add for State governments

Whenever there is an insurrection in any State against its govern-
ment, the President may, upon the request of its legislature or of its
governor if the legislature cannot be convened, call into Federal
service such of the militia of the other States, in the number
requested by that State, and use such of the armed forces, as he con-
siders necessary to suppress the insurrection. (Aug. 10, 1956, ch.

result in an extreme personal

1041, 70A Stat. 15.)

[Emphasis supplied.]

10 U.S.C. 332. Use of militia and armed forces to enforce
Federal authority

Whenever the President considers that unlawful obstructions,
combinations, or assemblages, or rebellion against the authority of
the United States, make it impracticable to enforce the laws of the
United States in any State or Territory by the ordinary course of
judicial proceedings, he may call into Federal service such of the
militia of any State, and use such of the armed forces, as he consid-
ers necessary to enforce those laws or to suppress the rebellion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)

10 U.S.C. 333. Interference with State and Federal law

The President, by using the militia or the armed forces, or both,
or by any other means, shall take such measures as he considers
necessary to suppress, in a State, any insurrection, domestic violence,
unlawful combination, or conspiracy, if it —

(1) so hinders the execution of the laws of that State, and of
the United States within the State, that any part or class of its
people is deprived of a right, privilege, immunity, or protection
named in the Constitution and secured by law, and the consti-
tuted authorities of that State are unable, fail, or refuse to pro-
tect that right, privilege, or immunity, or to give that protec-
tion ; or

(2) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be consid-
ered to have denied the equal protection of the laws secured by the
Constitution. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.)

10 U.S.C. 334. Proclamation to disperse

Whenever the President considers it necessary to use the militia or
the armed forces under this chapter, he shall, by proclamation,
immediately order the insurgents to disperse and retire peaceably to
their abodes within a limited time. (Aug. 10, 1956, ch. 1041, 70A
Stat. 16.)

10 U.S.C. 351. During war or threat to national security

(a) The President, through any agency of the Department of
Defense designated by him, may arm, have armed, or allow to be
armed, any watercraft or aircraft that is capable of being used as a
means of transportation on, over, or under water, and is docu-
mented, registered, or licensed under the laws of the United States.

[Emphasis supplied.]

(b) This section applies during a war and at any other time when
the President determines that the security of the United States is
threatened by the application, or the imminent danger of applica-
tion, of physical force by any foreign government or agency against
the United States, its citizens, the property of its citizens, or their
commercial interests.

(c) Section 463 of title 22 does not apply to vessels armed under
this section. ( Aug. 10, 1956, ch. 1041, 70A Stat. 16.)

10 U.S.C. 506. Regular components : extension of enlistments

DURING WAR

An enlistment in the Regular Army, Regular Navy, Regular Air
Force, Regular Marine Corps, or Regular Coast Guard in effect at
the beginning of a war, or entered into during a war, unless sooner
terminated by the President, continues in effect until six months
after the termination of that war. (Added Pub. L. 90-235, §
2(a) (1) (B), Jan. 2, 1968, 81 Stat. 754.)

— N 0 T E —

Excerpt from House Reft. 868, 90th Cong.. 2d Sess. (1968)

While the bill is not designed to make substantive
changes in the law, one substantive change is made concern-
ing authority for involuntary extension of enlistments and
other periods of active duty. The change is proposed to
tighten up congressional authority and control in this area.

The Secretary of the Navy, under present law, has discre-
tionary authority in time of war or in time of national
emergency to extend enlistments involuntarily "for such
periods as he considers necessary." The Navy Secretary
used this authority to extend enlistments in 1965 for X
months using the authority of the Korean war national
emergency which was declared in December 1950. and is
still in effect. The Secretaries of the Army and the Air
Force, by contrast, do not have this national emergency
authority to extend enlistments; their powers are limited to
periods of war.

As originally submitted by the Department of Defense,
the bill would have made the discretionary authority of the
Secretary of the Navy available to all of the services. After
consultation with the Committee on Armed Services, the
Department of Defense agreed to having the bill revised so
as to eliminate the discretionary authority of the Navy Sec-
retary and to apply to all of the service Secretaries a sec-
tion of law limiting their power to involuntarily extend
service to periods of war. The committee strongly feels that
for anything short of war, service should not be 'involuntar-
ily extended while Congress is still in session without action
[Emphasis supplied.]

of the Congress. It should be noted that in the past when it
was felt extension authority was required in identical
periods for the Army and the Air Force, the Congress read-
ily provided such authority, as in the Berlin and Cuban
crises.

The committee recognized, however, that there was a gap
in the law in that there would be no authority in those
extreme emergencies when Congress is not in session. There
was included in the bill, therefore, a new section, section
671b, which authorises the President, when he determines
the national interest so requires, to extend enlistments or
other periods of active duty when Congress is not in ses-
sion, having adjourned sine die, if such enlistments or
periods of active duty are due to expire before the 30th day
after the Congress next convenes or reconvenes. The com-
mittee emphasizes that such authority is only granted when
Congress is out of session and only affects enlistments of
periods of service that expire either before Congress returns
or within 30 days after Congress returns. The provision,
therefore, is meant to fill a gap in the law and to apply
only in cases of extreme emergency. Extensions under this
provision could not be for more than 6 months and in no
case could they run beyond 60 days after the Congress next
convenes or reconvenes.

10 TJ.S.C. 511. Reserve components: terms

(a) Except as otherwise prescribed by law, enlistments as
Reserves are for terms prescribed by the Secretary concerned. How-
ever, an enlistment that is in effect at the beginning of a war or of a
national emergency declared by Congress, or entered into during
such a war or emergency, and that would otherwise expire, continues
in effect until the expiration of six months after the end of that war
or emergency, whichever is later, unless sooner terminated by the
Secretarv concerned.

(b) Under regulations to be prescribed by the Secretary con-
cerned, a person who is qualified for enlistment for active duty in an
armed force, and who is not under orders to report for" induction
into an armed force under sections 451—173 of title 50, appendix,
may be enlisted as a Reserve for service in the Army Reserve, Naval
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard
Reserve, for a term of six years. Each person enlisted under this
subsection shall serve —

(1) on active duty for- a period of two years ;

(2) satisfactorily as a member of the Ready Reserve for a
period that, when added to his active duty under clause (l)r
totals five years ; and

(3) the rest of his period of enlistment as a member of the
Standby Reserve.

[Emphasis supplied.]

100

(c) In time of war or 6f national emergency declared by Con-
gress, the term of service of an enlisted member transferred to a
reserve component according to law, that would ctherwise expire,
continues wntil the expiration of six months after the end of that
war or emergency, whichever is later, unless sooner terminated by
the Secretary concerned.

(d) Under regulations to be prescribed by the Secretary of
Defense, or the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the Navy, a
non-prior-service person who is under 26 years of age, who is quali-
fied for induction for active duty in an armed force, and who is not
under orders to report for induction into an armed force under the
Military Selective Service Act of 1967 (50 App. U.S.C. 451-473),
except as provided in section 6(c) (2) (A) (ii) and (iii) of such Act,
may be enlisted in the Army National Guard or the Air National
Guard, or as a Reserve for -service in the Army Reserve, Naval
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard
Reserve, for a term of six years. Each person enlisted under this
subsection shall perform an initial period of active duty for training
of not less than four months to commence insofar as practicable
within 180 days after the date of that enlistment. (Aug. 10, 1956, ch.
1041, 70A Stat. 18; Sept 2, 1958, Pub. L. 85-861, § 1(8), 72 Stat.
1439; Sept. 3, 1963, Pub. L. 88-110, § 3, 77 Stat. 135; Dec. 1, 1967,
Pub. L. 90-168, § 2(11), 81 Stat 523.)

10 U.S.C. 519. Temporart enlistments: during war or emergency

Except as provided in section 505 of this title and except for
enlistments as Reserves of an armed force —

{1) temporary enlistments in an armed force entered into in
time of war or of emergency declared by Congress shall be for
the duration of the war or emergency plus six months ; and

(2) only persons at least eighteen years of age and otherwise
qualified under regulations to be prescribed by the Secretary
concerned are eligible for such enlistments.
(Added Pub. L. 90-235, § 2(a) (1) (B), Jan. 2, 1968, 81 Stat 755.)

—Note-
Excerpt from House Reft. 868, 90th Cong., 2d Sess. (1968)

Sections 3254 and 8254 of title 10, United States Code,
provide that temporary enlistments in the Army or Air
Force, as the case may be, entered into in time of war or of
emergency declared by Congress shall be for the duration
of the war or emergency plus 6 months; and that only per-
sons at least 18 years of age and otherwise qualified under
regulations to be prescribed by the Secretary concerned are
eligible for such enlistments. There is no comparable provi-

[ Emphasis supplied.]

101

sion for the Navy and Marine Corps. Section 519 is a pro-
posed new section to be added to subtitle A of title 10,
United States Code, which extends this provision governing
temporary enlistments to the Navy and Marine Corps.

10 TJ.S.C. 565. Warrant officers: suspension of laws for promo-
tion or mandatory retirement or separation during war or
emergency

In time of war, or of emergency declared after May 39, 1964, by
Congress or the President, the President may suspend the operation
of any provision of law relating to promotion, or mandatory retire-
ment or separation, of permanent regular warrant officers of any
armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 24.)

10 U.S.C. 599. Warrant officers: suspension of laws for promo-
tion OR MANDATORY RETIREMENT OR SEPARATION DURING WAR OR
EMERGENCY

In time of war, or of emergency declared after May 29, 1954, by
Congress or the President, the President may suspend the operation
of any provision of law relating to promotion, or mandatory retire-
ment or separation, of permanent reserve warrant officers of any
armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 26.)

10 U.S.C. 671a. Members: service extension during war

Unless terminated at an earlier date by the Secretary concerned,
the period of active service of any member of an armed force is
extended for the duration of any war in which the United States
may be engaged and for six months thereafter. (Added Pub. L.
90-235, § 1(a) (1) (A), Jan. 2, 1968, 81 Stat. 753.)

10 U.S.C. 671b. Members : service extension when Congress is not
in session

(a) Notwithstanding any other provision of law, when the Presi-
dent determines that the national interest so requires, he may, if
Congress is not in session, having adjourned sine die, authorize the
Secretary of Defense to extend for not more than six months enlist-
ments, appointments, periods of active duty, periods of active duty
for training, periods of obligated service, or other military status, in
any component of the Armed Forces of the United States, that
expire before the1 thirtieth day after Congress next convenes or
reconvenes.

[Emphasis supplied.]

102

(b) An extension under this section continues until the sixtieth
day after Congress next convenes or reconvenes or until the expira-
tion of the period of theological or divinity school. (Added Pub. L.
85-861, § 1 (15), Sept. 2, 1958, 72 Stat. 1441.)

— N O T E—

Excerpt from House Reft. 868, 90th Cong., 2d Sess. (1968)

The Secretary of the Navy, under present law, has discre-
tionary authority in time of war or in time of national
emergency to extend enlistments involuntarily "for such
periods as he considers necessary." The Navy Secretary
used this authority to extend enlistments in 1965 for 4
months using the authority of the Korean war national
emergency which was declared in December 1950, and is
still in effect. The Secretaries of the Army and the Air
Force, by contrast, do not have this national emergency
authority to extend enlistments; their powers are limited to
periods of war.

As originally submitted by the Department of Defense,
the bill would have made the discretionary authority of the
Secretary of the Navy available to all of the services. After
consultation with the Committee on Armed Services, the
Department of Defense agreed to having the bill revised so
as to eliminate the discretionary authority of the Navy Sec-
retary and to apply to all of the service Secretaries a sec-
tion of law limiting their power to involuntarily extend
service to periods of war. The committee strongly feels that
for anything short of war, service should not be involuntar-
ily extended while Congress is still in session without action
of the Congress. It should be noted that in the past when it
was felt extension authority was required in critical periods
for the Army and the Air Force, the Congress readily pro-
vided such authority, as in the Berlin and Cuban crises.

The committee recognized, however, that there was a gap
in the law in that there would be no authority in those
extreme emergencies when Congress is not in session. There
was included in the bill, therefore, a new section, section
67lb, which authorizes the President, when he detennines
the national interest so requires* to extend enlistments or
other periods of active duty when Congress is not in ses-
sion, having adjourned sine die, if such enlistments or
periods of active duty are due to expire before the 30th day
after the Congress next convenes or reconvenes. The com-
mittee emphasizes that such authority is only granted when
Congress is out of session and only affects enlistments or
periods of service that expire either before Congress returns
or within 30 days after Congress returns. The provision,
therefore, is meant to fill a gap in the law and to apply
only in cases of extreme emergency. Extensions under this

X Emphasis supplied.]

103

provision could not be for more than 6 months and in no
case could they run beyond 60 days after the Congress next
convenes or reconvenes.

10 U.S.C. 672. Reserve components generally

(a) In time of war or of national emergency declared by Con-
gress, or when otherwise authorized by law, an authority designated
by the Secretary concerned may, without the consent of the persons
affected, order any unit, and any member not assigned to a unit
organized to serve as a unit, of a reserve component under the juris-
diction of that Secretary to active duty (other than for training)
for the duration of the war or emergency and for six months there-
after. However—

(1) a member on an inactive status list or in a retired status
may not be ordered to active duty under this subsection unless
the Secretary concerned, with the approval of the Secretary of
Defense in the case of the Secretary of a military department,
determines that there are not enough qualified Reserves in an

' active status or in the inactive National Guard in the required
category who are readily available ; and

(2) a member of the Standby Reserve may not be ordered to
active duty under this subsection unless the Director of Selec-
tive Service determines that the member is available for active
duty.

—NOTE-
EXCERPT from House Rept. 1066, 82d Cong., 2d Sess. (1952)

DUTY AND RELEASE FROM DUTY

Liability for active duty

When authorized by Congress. — This subsection author-
izes any member of a reserve component to be ordered to
active duty without his consent in time of war or national
emergency hereafter declared by the Congress or when oth-
enoise authorized by law. In time of war or national emer-
gency declared by Congress, members ordered to active duty
would be liable to serve for the duration of the war or
national emergency and for 6 months thereafter. The com-
mittee has added a safeguard so that members in an inac-
tive or retired status would not be ordered to active duty
without their consent unless the appropriate Secretary
determined that no qualified members of the Ready Reserve
or members of the Stand-by Reserve in an active status
with appropriate qualifications were readily available. This
section authorizes members to be called as individuals or as
units, but the committee has provided a safeguard so that
members of units organized to serve as units can only be

[Emphasis supplied.]

,104

called with their unit. This would not prevent the ordering
of individuals from units organized for training purposes
only.

10 U.S.C. 673. Ready Reserve

(a) In time of national emergency declared by the President after
January 1, 1953, or when otherwise authorized by law, an authority
designated by the Secretary concerned may, without the consent of
the persons concerned, order any unit, and any member not assigned
to a unit organized to serve as a unit, in the Heady Reserve under
the jurisdiction of that Secretary to active duty (other than for
training) for not more than 24 consecutive months.

(b) To achieve fair treatment as between members in the Ready
Reserve who are being considered for recall to duty without their
consent, consideration shall be given to —

(1) the length and nature of previous service, to assure such
sharing of exposure to hazards as the national security and mil-
itary requirements will reasonably allow ;

(2) family responsibilities; and

(3) employment necessary to maintain the national health,
safety, or interest.

The Secretary of Defense shall prescribe such policies and proce-
dures as he considers necessary to carry out this subsection. He shall
report on those policies and procedures at least once a year to the
Committees on Armed Services of the Senate and the House of Rep-
resentatives.

(c) Not more than 1,000,000 members of the Ready Reserve may
be on active duty (other than for training), without their consent,
under this section at any one time. (Aug. 10, 1956, ch. 1041, 70A
Stat. 28; Sept. 2, 1958, Pub. L. 85-861, §§ 1 (14), 33(a) (5), 72 Stat.
1441, 1564.)

—NOTE-
EXCERPT from House Reft. 1066, 82d Cong., 2d Sess. (1952)

NATIONAL EMERGENCY DECLARED BY THE PRESIDENT

In time of national emergency proclaimed by the Presi-
dent, or when otherwise authorized by law, any member of
the Ready Reserve may be ordered to active duty without
his consent for such period of time not to exceed 24 consec-
utive months, but no member could be ordered to active
duty, under the committee amendment, until the Congress
had determined the number of members needed for the
national security. Members may be ordered as individuals
or as units, but as in the previous subsection the committee
has provided a safeguard against the ordering of individual
members of units organized to serve as units. This provision
would apply only in a future national emergency pro-
claimed by the President but would retain in effect the
[Emphasis supplied.]

105

authority to order such members to active duty under sec-
tion 21 of the UMTS Act with the limitations contained
therein.

At present time all members of the Naval Reserve,
Marine Corps Reserve, and the Coast Guard Reserve, may
be ordered to active duty in time of Presidential emergency
for the duration of the emergency and for 6 months there-
after. In addition, the President may, at any time, call out
the National Guard and Air National Guard to enforce the
laws of the United States, to quell insurrection, and in case
of actual or threatened invasion.. As far as the Naval
Reserve, Marine Corps Reserve, and Coast Guard Reserve
are concerned, this subsection represents a substantial
decrease in the number and the period of service of reserv-
ists liable to be ordered to active duty in time of Presiden-
tial emergency.

—NOTE—

Excerpt from House Reft. 1066, 82d Cong., 2d Sess. (1952)

the readt reserve

The Ready Reserve denned by this section would contain
those portions of the reserve components which would be
most liable for active duty and which would be subject to
■call in time of war, or national emergency declared by the
President or the Congress, or when otherwise authorized by
law. The last phrase includes authority to order reservists
to active duty pursuant to section 21 of the Universal Mili-
tary Training and Service Act which is not affected by this
bill.

Note, however, that under section 234 (b), which author-
izes the ordering of the Ready Reserve to active duty in
time of national emergency declared by the President, the
Congress must first determine the number of members who
may be so ordered.

The Ready Reserve would be the only part of the reserve
components which could be used in a Presidential emer-
gency without further congressional action. At the present
time, all of the Naval Reserve, Marine Corps Reserve, and
Coast Guard Reserve could be called to active service in a
Presidential emergency. In addition, the entire National
Guard and the entire Air National Guard is now callable
by the President in case of threatened or actual invasion,
insurrection, or to execute the Federal laws.

— N O T E —

Under this provision 1,000,000 men can be called to active
duty. In addition the National Guard can be federalized in a

{[Emphaaia supplied.]

106

national emergency, which adds several thousand men to the
total. In time of national emergency, therefore, in addition
to existing armed forces at least eight divisions of troops,
over 100 squadrons of aircraft and 55 ships can be activated
by order of the President.

10 U.S.C. 674. Standby Reserve

(a) Units and members in the Standby Reserve may be ordered to
active duty (other than for training) only as provided in section 672
of this title.

(b) In time of emergency —

(1) no unit in the Standby Reserve organized to serve as a
unit or any member thereof may be ordered to active duty
(other than for training), unless the Secretary concerned, with
the approval of the Secretary of Defense in the case of a Secre-
tary of a military department, determines that there are not
enough of the required kinds of units in the Ready Reserve that
are readily available ; and

(2) no other member in the Standby Reserve may be ordered
to active duty (other than for training) as an individual with-
out his consent, unless the Secretary concerned, with the
approval of the Secretary of Defense in the case of a Secretary
of a military department, determines that there are not enough
qualified members in the Ready Reserve in the required category
who are readily available.

(Aug. 10, 1956, ch. 1041, 70A Stat. 29; Sept. 7, 1962, Pub. L.
87-651, title I, § 130, 76 Stat. 514.)

—NOTE-
EXCERPT from House Reft. 1066, 82d Cong., 2d Sess. (1952)

STANDBY RESERVE

The Standby Reserve established by this section would
be available for active duty only upon action by the Con-
gress authorizing its call. The phrase "or when otherwise
authorized by law1" includes authority to order members of
the Standby Reserve to active duty under section SI of the
Universal Military Training and Service Act. The restric-
tion on the call of inactive and volunteer reservists who
served for more than a year during World War II would
apply to members of the Standby Reserve who are not
members of organized units and who are ordered to active
duty under that section. It is necessary to continue existing
authority until a sufficiently large Reserve is established
through Selective Service and UMT when authorized. Due
to the current world situation, it is impossible to maintain
an effective source of replacement of present reservists
[Emphasis supplied.]

107

during this transition period without continuing section 21
in effect.

10 TJ.S.C. 675. Retired Reserve

A member in the Retired Reserve may, if qualified, he ordered to
active duty without hie consent, but only as provided in section 672
(a) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 29.)

10 TJ.S.C. 679. Active dutt agreements

(a) To provide definite terms of active duty (other than for
training) for Reserves with their consent, the Secretary concerned
may make a standard written agreement with any member of a
reserve component under his jurisdiction requiring the member to
serve for a period of active duty (other than for training) of not
more than five years. When such an agreement expires, a new one
may be made. This subsection does not apply in time of war
declared by Congress.

(b) An agreement may not be made under subsection (a) unless
the specified period of duty is at least 12 months longer than any
period of active duty that the member is otherwise required to
perform.

(c) Agreements made under subsection (a) shall be uniform so
far as practicable, and are subject to such standards and policies as
may be prescribed by the Secretary of Defense for the armed forces
under his jurisdiction or by the Secretary of the Treasury for the
Coast Guard when the Coast Guard is not operating as a service in
the Navy.

(d) If an agreement made under subsection (a) expires during a
war or during a national emergency declared by Congress or the
President after January 1, 1953, the Reserve concerned may be kept
on active duty, without his consent, as otherwise prescribed by law.
(Aug 10, 1956, ch. 1041, 70A Stat. 30.)

— N O T E —

Excerpt fkom House Reft. 1066, 82d Cong., 2d Sess. (1952)

continuation of active dutt

This section provides that in time of a future war or
national emergency any member whose term of service
expires under a contract for active duty may be continued
on active duty in accordance with laws and regulations, so
that he will have the same liability for involuntary service
as other members of the reserve components in the same
category.
[Emphasis supplied.]

108

10 U.S.C. 681. Reserves : release fbom active wn

(a) Except as otherwise provided in this title, the Secretary con-
cerned may at any time release a Reserve under his jurisdiction
from active duty. , _

(b) In time of war or of national emergency declared by Congress
or the President after January 1, 1953, a member of a reserve com-
ponent may be released from active duty (other than for training)

only if ^ boani 0f officers convened at his request by an authority
designated by the Secretary concerned recommends the release
and the recommendation is approved ;

(2) the member does not request that a board be convened; or

(3) his release is otherwise authorized by law.

This subsection does not apply to an armed force during a period
of demobilization or reduction in strength of that armed force.
(Aug. 10, 1956. ch. 1041, 70A Stat. 31.)

10 U.S.C. 687. Non-Regular9 : readjustment payment upon

INVOLUNTARY RELEASE FROM ACTIVE DUTY

(a) Except for members covered by subsection (b), a member of a
reserve component or a member of the Army or the Air Force with-
out component who is released from active duty involuntarily, or
because he was not accepted for an additional tour of active duty
for which he volunteered after he had completed a tour of active
duty, and who has completed, immediately before his release, at least
five years of continuous active duty, is entitled to a readjustment
payment computed by multiplying his years of active service (other
than in time of war or of national emergency declared by Congress
after June %8, 1962), but not more than eighteen, by two months'
basic pay of the grade in wThich he is serving at the time of his
release. However, a member who is released from active duty
because his performance of duty has fallen below standards pre-
scribed by the Secretary concerned, or because his retention on
active duty is not clearly consistent with the interests of national
security, is entitled to a readjustment payment computed on the
basis of one-half of one month's basic pay of the grade in which the
member is serving at the time of his release from active duty. A
person covered by this subsection may not be paid more than two
years' basic pay of the grade in which he is serving at the time of
his release or $15,000, whichever amount is the lesser. For the pur-
poses of this subsection —

(1) a period of active duty is continuous if it is not inter-
rupted by a break in service of more than 30 days;

(2) a part of a year that is six months or more is counted as
a whole year, and a part of a. year that is less than six months
is disregarded ; and

[Emphasis supplied.]

109

(3) a period for which the member concerned has received
readjustment pay under another provision of law may not be
included.

(b) Subsection (a) does not apply to a member who —

(1) is released from active duty at his request;

(2) is released from active duty for training;

(3) under regulations to be prescribed by the Secretary of
Defense, or by the Secretary of the Treasury with respect to the
Coast Guard when it is not operating as a service in the Navy,
is released from active duty because of moral or professional
dereliction ;

(-1) upon release from active duty, is immediately eligible for
retired pay or retainer pay based entirely on his military serv-
ice ;

(5) upon release from active duty, is immediately eligible for
severance pay (other than under section 680 of this title) based
on his military service and who elects to receive that severance
pay ; or

(6) upon release from active duty, is immediately eligible for
disability compensation under a law administered by the Veter-
ans' Administration and who elects to receive that compensa-
tion.

However, a member covered by clause (G) may receive a readjust-
ment payment under this section and disability compensation if an
amount equal to 75 percent of the readjustment payment is deducted
from the disability compensation. This subsection does not prevent a
member who elects to receive a readjustment payment under this sec-
tion from becoming entitled to disability compensation based on his
service performed after he makes that election.

(c) A member to whom a readjustment payment is made under
this section is not entitled to mustering-out pay under the Muster-
ing-Out Payment Act of 1944 (58 Stat. 8), the Veterans' Readjust-
ment Assistance Act of 1952 (66 Stat. 663), or chapter 43 of title 38.
If he was paid mustering-out pay under one of those provisions
before he became entitled to a readjustment payment under this sec-
tion, the amount of that mustering-out pay shall be deducted from
the amount to which he is entitled under this section.

(d) Any readjustment payment to which a member becomes enti-
tled under this section shall be reduced by the amount of any pre-
vious payment made to him under this section that he has not repaid
to the United States. If he has repaid that amount to the United
States, the period covered by it shall be treated as a period for
which a payment has not been made under this section.

(e) Repealed. Pub. L. 89-718, § 6(4), Nov. 2, 1966, 80 Stat. 1116.

(f) If a member who received a readjustment payment under this
section after June 28, 1962, qualifies for retired pay under any pro-
vision of this title or title 14 that authorizes his retirement upon
completion of twenty years of active service, an amount equal to 75
percent of that payment, without interest, shall be deducted immedi-
ately from his retired pay. (Added Pub. L. 87-651, title I, §

110

102(a), Sept. 7, 1962, 76 Stat. 506, and amended Pub. L. 89-718, §
6, Nov. 2, 1966, 80 Stat. 1115.)

10 U.S.C. 712. Foreign governments: detail to assist

(a) Upon the application of the country concerned, the President,
whenever he considers it in the public interest, may detail members
of the Army, Navy, Air Force, and Marine Corps to assist in mili-
tary matters —

(1) any republic in North America, Central America, or
South America ;

(2) the Republic of Cuba, Haiti, or Santo Domingo; and

(3) during a war or a declared national emergency, any other
country that he considers it advisable to assist in the interest of
national defense.

(b) Subject to the prior approval of the Secretary of the military
department concerned, a member detailed under this section may
accept any office from the country to which he is detailed. He is
entitled to credit for all service while so detailed, as if serving with
the armed forces of the United States. Arrangements may be made
by the President, with countries to which such members are detailed
to perform functions under this section, for reimbursement to the
United States or other sharing of the cost of performing such func-
tions. (Aug. 10, 1956, ch. 1041, 70A Stat. 32; June 30, 1958, Pub. L.
85^77, ch. V, § 502 (k), 72 Stat. 275.)

—NOTE-
EXCERPT from Senate Reft. 7, 69th Cong., 1st Sess. (1952)

The Committee on Military Affairs, to which was
referred the bill (S. 1480) to authorize the President to
detail officers and enlisted men of the United States Army,
Navy, and Marine Corps to assist the Governments of the
Latin American Republics in military and naval matters,
has had the same under consideration and recommends that
it pass.

A similar provision was favorably reported to the Senate
in the Sixty-eighth Congress in the bill S. 1974, providing
for sundry matters affecting the Military Establishment
( Rept. 195 ) . Referring to this provision, that report said :
The advantages of such authority as is indicated
in the proposed section are manifest. The primary
consideration is that of the future solidarity of
Pan American views and aims which will be
brought about by bringing the armies of the
Republics of North and South America in close
touch with that of the United States. The presence
of officers of our Army will also greatly assist to
promote friendly relations between the United
[Emphasis supplied.]

Ill

States and the country in which they are serving,
and the experience of these officers will be very val-
uable to the War Department and add greatly to
the information concerning Latin American coun-
tries.

Prior to the World War several European
nations took a very active part in the military
affairs of various countries in South America, and
the effects of these efforts were very thoroughly
impressed upon the armies concerned. Besides the
military effect mentioned the influence of European
countries was also seen in various political and eco-
nomic matters. Since the World War the efforts
indicated have been resumed with more or less
effect.

It is believed that such a condition of affairs is
not conducive to the best interests of the United
States and that, if authority is granted to send
officers of our Army to Latin American countries
in the manner indicated by the proposed section,
our national prestige will be enhanced and those
countries will gradually be brought to the point of
realizing that it is greatly to their advantage to
adopt the methods and systems in use in the
United States rather than those of European coun-
tries.

Your attention is invited to the act of June 5,
1920, whereby authority was granted for the
President to detail officers of the United States
naval service to assist the Governments of the
Republics of South America in naval affairs. Under
the authority granted, a number of naval officers
have recently been detailed to assist the Govern-
ment of Brazil in naval matters, and it is highly
probable that the advantage resulting therefrom
will greatly promote the friendly relations between
the two countries. The detail of American Army
officers to South American countries in principle
has the approval of the State Department and
enhances our national prestige and influence in
those countries.

After the bill was drafted the War Department
in consultation with the State Department and the
Navy Department reached the conclusion that it
would be advisable to extend the privileges granted
in this section to the Navy and Marine Corps, and
amendments are recommended for this purpose,
together with amendment permitting, without ques-
tion, the detailing of officers for service in Central
America, Cuba, Haiti, and Santo Domingo.

[Emphasis supplied.]

112

—NOTE-
EXCERPT from House Kept. 1018, 69th Cong., 2d Sess. (1926)

The following paragraph is quoted from a letter from
former Secretary of State Charles E. Hughes to the chair-
man of the Committee on Military Affairs, dated January
7, 1925, regarding the passage of this legislation.

The convention for the limitation of armaments
signed by the Central American Governments in a
conference which met in Washington in the early
part of 1923 contemplates the employment of for-
eign instructors to assist in organizing in each
Republic a national guard to maintain public
order. The Government of Nicaragua has now
expressed an intention to organize such a national
guard and has indicated a desire to have American
marine officers as instructors. I should be especially
glad to meet Nicaragua's wishes in this matter in
order that the new national guard may be orga-
nized in such a manner that there will be no dis-
turbances in the country after the withdrawal of
the legation guard of about 100 American marines,
which has been stationed in Nicaragua for several
years past. This legation guard will be withdrawn
early in February. It would be very helpful to this
department, therefore, in this situation if the legis-
lation to which I have referred could be approved
in the immediate future.
While not for the purpose of encouraging the increase of
armaments, it is felt a more efficient and economical organi-
sation of their existing forces would be a real service to the
governments concerned, especially in those countries where
a more efficient military force might be helpful in promot-
ing political stability. It is also felt that this is a service
which should, if possible, be performed by the United
States rather than by European Governments.

[Chapter 47— Uniform Code of Military Justice]
10 U.S.C. 802. Art. 2. Persons subject to this chapter

The following persons are subject to this chapter:

(1) Members of a regular component of the armed forces
including those awaiting discharge after expiration of their
terms of enlistment; volunteers from the time of their muster or
acceptance into the armed forces; inductees from the time of
their actual induction into the armed forces; and other persons
lawfully called or ordered into, or to duty in or for training in,

XEmpbasis supplied.]

113

the armed forces, from the dates when they are required by the
terms of the call or order to obey it.

(2) Cadets, aviation cadets, and midshipmen.

(3) Members of a reserve component while they are on inactive
duty training authorized by written orders which are voluntar-
ily accepted by them and which specify that they are subject to
this chapter.

(4) Retired members of a regular component of the armed
forces who are entitled to pay.

(5) Retired members of a reserve component who are receiv-
ing hospitalization from an armed force.

(6) Members of the Fleet Reserve and Fleet Marine Corps
Reserve.

(7) Persons in custody of the armed forces serving a sentence
imposed by a court-martial.

(8) Members of the Environmental Science Services Adminis-
tration, Public Health Service, and other organizations, when
assigned to and serving with the armed forces.

(9) Prisoners of war in custody of the armed forces.

(10) In time of war, persons serving with or accompanying
an armed force in the field.

(11) Subject to any treaty or agreement to which the United
States is or may be a party or to any accepted rule of interna-
tional law, persons serving with, employed by, or accompanying
the armed forces outside the United States and outside the fol-
lowing: the Canal Zone, Puerto Rico, Guam, and the Virgin
Islands.

(12) Subject to any treaty or agreement to which the United
States is or may be a party or to any accepted rule of interna-
tional law, persons within an area leased by or otherwise
reserved or acquired for the use of the United States which is
under the control of the Secretary concerned and which is out-
side the United States and outside the following, the Canal
Zone, Puerto Rico, Guam, and the Virgin Islands.

(Aug. 10, 1956, ch. 1041, 70 A Stat. 37; June 25, 1959, Pub. L.
86-70, § 6(b), 73 Stat. 142; July 12, 1960, Pub. L. 86-624, § 4(b),
74 Stat. 411 ; Sept. 7, 1962, Pub. L. 87-651, title I, § 104, 76 Stat.
508 ; Nov. 2, 1966, Pub. L. 89-718, § 8 (a) , 80 Stat. 1117.)

10 U.S.C. 843. Art. 43. Statute of limitations

(a) A person charged with desertion or absence without leave in
time of war, or with aiding the enemy, mutiny, or murder, may be
tried and punished at any time without limitation.

(b) Except as otherwise provided in this article, a person charged
with desertion in time of peace or any of the offenses punishable
under sections 919-932 of this title (articles 119-132) is not liable to
be tried by court-martial if the offense was committed more than
three years before the receipt of sworn charges and specifications by

[Emphasis supplied.]

114

an officer exercising summary court-martial jurisdiction over the
command.

(c) Except as otherwise provided in this article, a person charged
with any offense is not liable to be tried by court-marital or pun-
ished under section 815 of this title (article 15) if the offense was
committed more than two years before the receipt of sworn charges
and specifications by an officer exercising summary court-martial
jurisdiction over the command or before the imposition of punish-
ment under section 815 of this title (article 15).

(d) Periods in which the accused was absent from territory in
which the United States has the authority to apprehend him, or in
the custody of civil authorities, or in the hands of the enemy, shall be
excluded in computing the period of limitation prescribed in this
article.

(e) For an offense the trial of which in time of war is certified to
the President by the Secretary concerned to be detrimental to the
prosecution of the war or inimical to the national security, the
period of limitation prescribed in this article is extended to six
months after the termination of hostilities as proclaimed by the
President or by a joint resolution of Congress.

(f) When the United States is at war, the running of any statute
of limitations applicable to any offense under this chapter —

(1) involving fraud or attempted fraud against the United
States or any agency thereof in any manner, whether by con-
spiracy or not ;

(2) committed in connection with the acquisition, care, han-
dling, custody, control, or disposition of any real or personal
property of the United States ; or

(3) committed in connection with the negotiation, procure-
ment, award, performance, payment, interim financing, cancella-
tion, or other termination or settlement, of any contract, subcon-
tract, or purchase order which is connected with or related to
the prosecution of the war, or with any disposition of termina-
tion inventory by any war contractor or Government agency ;

is suspended until three years after the termination of hostilities as
proclaimed by the President or by a joint resolution of Congress.
(Aug. 10, 1956, ch. 1041, 70A, Stat. 51.)

10 U.S.C. 871. Art. 71. Execution of sentence; suspension of

SENTENCE

(a) No court-martial sentence extending to death or involving a
general or flag officer may be executed until approved by the Presi-
dent. He shall approve the sentence or such part, amount, or com-
muted form of the sentence as he sees fit, and may suspend the exe-
cution of the sentence or any part of the sentence, as approved by
him, except a death sentence.

(b) Xo sentence extending to the dismissal of a commissioned
officer (other than a general or flag officer), cadet, or midshipman
may bo executed until approved by the Secretary concerned, or such

[Empbasis supplied.]

115

Under Secretary or Assistant Secretary as may be designated by
him. He shall approve the sentence or such part, amount, or com-
muted form of the sentence as he sees fit, and may suspend the exe-
cution of any part of the sentence as approved by him. In time of
war or national emergency, he may commute a sentence of dismissal
to reduction to any enlisted grade. A person so reduced may be
required to serve for the 'duration of the war or emergency and six
months thereafter.

(c) No sentence which includes, unsuspended, a dishonorable or
bad-conduct discharge, or confinement for one year or more, may be
executed until affirmed by a Court of Military Review and, in cases
reviewed by it, the Court of Military Appeals.

(d) All other court-martial sentences, unless suspended or
deferred, may be ordered executed by the convening authority when
approved by him. The convening authority may suspend the execu-
tion of any sentence, except a death sentence. (Aug. 10, 1956, ch.
1041, 70A Stat. 62; Oct. 24, 1968, Pub. L. 90-632, S 2(32), 82 Stat.
1342.)

10 U.S.C. 1035. Deposits of savings

(a) Under joint regulations prescribed by the Secretaries con-
cerned, a member of the armed force who is on a permanent duty
assignment outside the United States or its possessions may deposit
during that tour of duty not more than his unallotted current pay
and allowances in amounts of $5 or more, with any branch, office, or
officer of a uniformed service. Amounts so deposited shall be depos-
ited in the Treasury and kept as a separate fund, and shall be
accounted for in the same manner as public funds.

(b) Interest at a rate prescribed by the President not to exceed 10
per centum a year, will accrue on amounts deposited under this sec-
tion. However, the maximum amount upon which interest may be
paid under this Act to any member is $10,000, except that such limi-
tation shall not apply to deposits made on or after September 1,
1966, in the case of those members in a missing status, as defined in
section 551(2) of title 37, during the Vietnam conflict. Interest
under this subsection shall terminate ninety days after the member's
return to the United States or its possessions. For purposes of this
subsection, the Vietnam conflict begins on February 28, 1961, and
ends on the, date designated by the President by Executive order as
the date of the termination of combatant activities in Vietnam.

(c) Except as provided in joint regulations prescribed by the Sec-
retaries concerned, payments of deposits, and interest thereon, may
not be made to the member while he is on duty outside the United
States or its possessions.

(d) An amount deposited under this section, with interest thereon,
is exempt for liability for the member's debts, including any indebt-
edness to the United States or any instrumentality thereof, and is
not subject to forfeiture by sentence of a court-martial.

(e) The Secretary concerned, or his designee, may in the interest
of a member who is in a missing status (as defined in section 551(2)

[Emphasis supplied.]

116

of title 37) or his dependents, initiate, stop, modify, and change
allotments, and authorize a withdrawal of deposits, made under this
section, even though the member had an opportunity to deposit
amounts under this section and elected not to do so. Interest may be
computed from the day the member entered a missing status or Sep-
tember 1, 1966, whichever is later. (Aug. 10, 1956, ch. 1041, 70A
Stat. 80; Aug. 14, 1966, Pub. L. 89-538, § 1(1), 80 Stat. 347; Xov.
3, 1967, Pub. L. 90-122, § 1, 81 Stat. 361; Feb. 26, 1970, Pub. L.
91-200, 84 Stat. 16.)

10 U.S.C. 1161. Commissioned officers : limitations on dismissal

(a) No commissioned officer may be dismissed from any armed
force except —

( 1 ) by sentence of a genera] court-martial ;

(2) in commutation of a sentence of a general court-martial;

(3) in time of war, by order of the President.

(b) The President may drop from the rolls of any armed force
any commissioned officer (1) who has been absent without authority
for at least three months, or (2) who is sentenced to confinement in
a Federal or State penitentiary or correctional insitution after
having been found guilty of an offense by a court other than a
court-martial or other military court, and whose sentence has become
final. (Aug. 10, 1956, ch. 1041, 70A Stat. 89.)

[Chapter 133 — Facilities for Reserve Components]
10 U.S.C. 2231. Purpose

The purpose of this chapter is to provide for —

(1) the acquisition, by purchase, lease, transfer, construction,
expansion, rehabilitation, or conversion of facilities necessarv
for the proper development, training, operation, and mainte-
nance of the reserve components of the armed forces, including
troop housing and messing facilities;

(2) the joint use of those facilities by units of two or more of
those reserve components, to the greatest practicable extent for
efficiency and economy ;

(3) the use of those facilities, in time of war or national
emergency, by those units and other units of the armed forces,
to the greatest practicable extent for efficiency and economy ; and

(4) any other use of those facilities by tlie United States, in
time of war or national emergency, to the greatest practicable
extent for efficiency and economy.

(Aug. 10, 1956, ch. "1041, 70A Stat. 120; Aug. 29, 1957, Pub L
i-215, § 1, 71 Stat. 489.) " '

[Emphasis supplied.]

117

10 U.S.C. 2-233. Acqi-isitiox

(a) Subject to sections 2233a. 2234, 2235, 2236, and 2238 of this
title and subsection (c) of this section, the Secretary of Defense
may —

(1) acquire by purchase, lease, or transfer, and construct,
expand, rehabilitate, or convert and equip, such facilities as he
determines to be necessary to carry out the purposes of this
chapter ;

(2) contribute to any State or Territory, Puerto Eico, or the
District of Columbia such amounts as he determines to be neces-
sary to expand, rehabilitate, or convert facilities owned by it for
use jointly by units of two or more reserve components of the
armed forces:

(3) contribute to any State or Territory, Puerto Kico, or the
District of Columbia such amounts as he determines to be neces-
sary to expand, rehabilitate, or convert facilities owned by it
(or to acquire, construct, expand, rehabilitate, or convert addi-
tional facilities) made necessary by the conversion, redesigna-
tion, or reorganization of units of the Army National Guard of
the United States or the Air National Guard of the United
States authorized by the Secretary of the military department
concerned; and

(4) contribute to any State or Territory, Puerto Rico, or the
District of Columbia such amounts for the acquisition, construc-
tion, expansion, rehabilitation, or conversion by it of additional
facilities as he determines to be required by any increase in the
strength of the Army National Guard of the United States or the
Air National Guard of the United Statps.

(b) Title to property acquired by the United States under subsec-
tion (a) (1) vests in the United States.

(c) The Secretary of Defense may delegate any of his authority
or functions under this chapter to any department, agency, or officer
of the Department of Defense.

(d) The expenses of leasing property under subsection (a) (1)
may be paid from appropriations available for the payment of rent.

(e) The Secretary of Defense may procure advance planning, con-
struction design, and architectural services in connection with facili-
ties to be established or developed under this chapter which are not
otherwise authorized by law.

(f ) Facilities authorized by subsection (a) shall not be considered
"military public works" under the provisions of the military con-
struction authorization acts that repeal prior authorizations for mili-
tary public works. (Aug. 10, 1956, ch. 1041, 70A Stat. 121; Aug. 20,
1958, Pub. L. 85-685, title VI, § 601 (1), (2), 72 Stat. 664; Sept. 2,
1958, Pub. L. 85-861, § 1 (37)-(39), 72 Stat. 1456.)

[Emphasis supplied.]

118

10 XJ.S.C. 2235. Administration; other use permitted by
Secretary

(a) The Secretary of Defense, after consulting the Committees on
Armed Services of the Senate and the House of Representatives on
matters of policy, may — , .....

(1) administer, operate, maintain, and equip facilities con-
structed, expanded, rehabilitated, or converted under section
2233 (a) (1) of this title or otherwise acquired and used for the
purposes of this chapter ;

(2) permit persons or organizations other than members and
units of the armed forces to use those facilities under such leases
or other agreements as he considers appropriate ; and

(3) cover the payments received under those leases or agree-
ments into the Treasury to the credit of the appropriation from
which the cost of maintaining the facility, including its utilities
and services, is paid. ...

(b) The Secretary may not permit any use or disposition to be
made of a facility covered by subsection (a) that would interfere
with its use —

(1) for administering and training the reserve components of
the armed forces ; or

(2) in time of war or national emergency, by other units of
the armed forces or by the United States for any other purpose.

(Aug. 10, 1956, ch. 1041, 70A Stat. 122.)

10 XJ.S.C. 2236. Contributions to States ; other use permitted
bt States

(a) Contributions under section 2233 of this title are subject to
such terms as the Secretary of Defense, after consulting the Com-
mittees on Armed Services of the Senate and the House of Repre-
sentatives, considers necessary for the purposes of this chapter.
Except as otherwise agreed when the contribution is made, a facility
provided by a contribution under section 2233 (a) (3) or (4) of this
title may be used jointly by units of two or more reserve components
of the armed forces only to the extent that the State or Territory,
Puerto Rico, or the District of Columbia, whichever is concerned,
considers practicable.

(b) A contribution made for an armory under section 2233 (a)
(4) of this title may not be more than 75 percent of the cost of the
construction to which it is applied. For the purpose of computing
the cost of construction under this subsection, the amount contrib-
uted by the State or Territory, Puerto Rico, or the District of
Columbia, whichever is concerned, may not include the cost or
market value of any real property that it has contributed.

(c) If a State or Territory, Puerto Rico, or the District of
Columbia acquires, constructs expands, rehabilitates, or converts a
facility with amounts contributed under section 2233 of this title, it
may—

[Emphasis supplied.]

119

(1) permit persons or organizations other than members and
units of the armed forces to use the facility under such leases or
other agreements as it considers appropriate ; and

(2) apply amounts received under those leases or agreements
to the cost of maintaining the facility.

(d) Except as otherwise agreed when the contribution is made,
and except as the agreement is later changed, a State or Territory,
Puerto Eico, or the District of Columbia may not permit any use or
disposition of the facility that would interfere with its use —

(1) for administering and training the reserve components of
the armed forces; or

(2) in time of war or national emergency, by other units of
the armed forces or by the United States for any other purpose.

(Aug. 10, 1956, ch. 1041, 70A Stat. 122; Sept. 2, 1958, Pub. L.
85-861, § 1 (40), 72 Stat. 1456.)

10 U.S.C. 2304. Purchases and contracts: formal advertising;

EXCEPTIONS

(a) Purchases of and contracts for property or services covered
by this chapter shall be made by formal advertising in all cases in
which the use of such method is feasible and practicable under the
existing conditions and circumstances. If use of such method is not
feasible and practicable, the head of an agency, subject to the
requirements for determinations and findings in section 2310, may
negotiate such a purchase or contract, if —

(1) it is determined that such action is necessary in the public
interest during a national emergency declared by Congress or
the President;

(2) the public exigency will not permit the delay incident to
advertising ;

(3) the aggregate amount involved is not more than $2,500 ;

(4) the purchase or contract is for personal or professional
services ;

(5) the purchase or contract is for any service by a univer-
sity, college, or other educational institution ;

(6) the purchase or contract is for property or services to be
procured and used outside the United States and the Territories,
Commonwealths, and possessions;

(7) the purchase or contract is for medicine or medical sup-
plies ;

(8) the purchase or contract is for property for authorized
resale ;

(9) the purchase or contract is for perishable or nonperisha-
ble subsistence supplies;

(10) the purchase or contract is for property or services for
which it is impracticable to obtain competition ;

(11) the purchase or contract is for property or services that
he determines to be for experimental, developmental, or research

[Emphasis supplied.]

120

work, or for making or furnishing property for experiment, test,
development, or research;

(12) the purchase or contract is for property or services
whose procurement he determines should not be publicly dis-
closed because of their character, ingredients, or components ;

(13) the purchase or contract is for equipment that he deter-
mines to be technical equipment whose standardization and the
interchangeabilitv of whose parts are necessary in the public
interest and whose procurement by negotiation is necessary to
assure that standardization and interchangeabilitv ;

(14) The purchase or contract is for technical or special
property that he determines to require a substantial initial
investment or an extended period of preparation for manufac-
ture, and for which he determines that formal advertising
would be likely to result in additional cost to the Government
by reason of duplication of investment or would result in dupli-
cation of necessary preparation which would unduly delay the
procurement of the property;

(15) the purchase or contract is for property or services for
which he determines that the bid prices received after formal
advertising are unreasonable as to all or part of the require-
ments, or were not independently reached in open competition,
and for which (A) he has notified each responsible bidder of
intention to negotiate and given him reasonable opportunity to
negotiate; (B) the negotiated price is lower than the lowest
rejected bid of any responsible bidder, as determined by the
head of the agency; and (C) the negotiated price is the lowest
negotiated price offered by any responsible supplier ;

(16) he determines that (A) it is in the interest of national
defense to have a plant, mine, or other facility, or a producer,
manufacturer, or other supplier, available for furnishing prop-
erty or services in case of a national emergency; or (B) the
interest of industrial mobilization in case of such an emergency,
or the interest of national defense in maintaining active engi-
neering, research, and development, would otherwise be sub-
served; or

(17) negotiation of the purchase or contract is otherwise
authorized by law.

(b) The data respecting the negotiation of each purchase or con-
tract under clauses (1) and (7)-(17) of subsection (a) shall be kept
by the contracting agency for six years after the date of final pay-
ment on the contract.

(1) the negotiation of a contract to construct or repair any
building, road, sidewalk, sewer main, or similar item, unless—

(A) it is made under clauses (l)-(3), (10)-(12), or (15)
of subsection (a) ; or
... (B) it is to be performed outside the United States; or

(2) the erection, repair, or furnishing of any public building
or public improvement. °

(d) Whenever the head of the agency determines it to be practica-
ble, such advance publicity as he considers suitable with regard to

[Emphasis supplied.]

121

the property involved and other relevant considerations shall be
given for a period of at least 15 days before making a purchase of
or contract for property, or a service, under clause (7) or (8) of
subsection (a) involving more than $10,000.

(e) A report shall be made to Congress, on May 19 and November
19 of each year, of the purchases and contracts made under clauses

(11) and (16) of subsection (a) during the period since the date of
the last report. The report shall —

(1) name each contractor;

(2) state the amount of each contract ; and

(3) describe, with consideration of the national security, the
property and services covered by each contract.

(f) For the purposes of the following laws, purchases or contracts
negotiated under this section shall be treated as if they were made
with formal advertising:

(1) Sections 35-45 of title 41.

( 2 ) Sections 276a-276a-5 of title 40.

(3) Sections 324 and 325a of title 40.

(g) In all negotiated procurements in excess of $2,500 in which
rates or prices are not fixed by law or regulation and in which time
of delivery will permit, proposals, including price, shall be solicited
from the maximum number of qualified sources consistent with the
nature and requirements of the supplies or services to be procured,
and written or oral discussions shall be conducted with all responsi-
ble offerors who submit proposals within a competitive range, price,
and other factors considered: Provided, however, That the require-
ments of this subsection with respect to written or oral discussions
need not be applied to procurements in implementation of author-
ized set-aside programs or to procurements where it can be clearly
demonstrated from the existence of adequate competition or accurate
prior cost experience with the product, that acceptance of an initial
proposal without discussion would result in fair and reasonable
prices and where the request for proposals notifies all offerors of the
possibility that award may be made without discussion.

(h) Except in a case where the Secretary of Defense determines
that military requirements necessitate specification of container sizes,
no contract for the carriage of Government property in other than
Government-owned cargo containers shall require carriage of such
property in cargo containers of any stated length, height, or width.
(Aug. 10, 1956, ch. 1041, 70A Stat. 128; Aug. 28, 1958, Pub. L.
85-800, § 8, 72 Stat. 967; Sept. 2, 1958, Pub. L. 85-861, § 33(a)

(12) , 72 Stat. 1565; Sept. 10, 1962, Pub. L. 87-653, § l(a)-(c), 76
Stat. 528; Mar. 16, 1968, Pub. L. 90-286, § 5, 82 Stat. 50; Sept. 20,
1968, Pub. L. 90-500, title IV, §405, 82 Stat. 851.)

-NOTE-
Excerit from House Reft. 109, 80th Cong., 1st Sess. (1947)

The principle underlying this provision has been pre-
viously recognized in the Act of June 16, 1938 (52 Stat.
707 ; 50 U.S.C. 91), under which the Secretary of War is
authorized, subject to the approval of the President, to

122

place so-called educational orders for special munitions with
selected commercial concerns for the purpose of familiariz-
ing them with the manufacture of such munitions and
accessories and parts thereof. Even before, the war, the lack
of such authorization proved disadvantageous to the Navy.
It is anticipated that only a small number of contracts will
be placed under this provision. The requirement that any
determinations made under this subsection be approved by
the President and reported to the Congress will assure close
scrutiny of their necessity.

* ***** *

The experiences gained during World War II make it
essential that the War and Navy Departments have the
powers inherent in this provision. We cannot depend upon
the hope that in future emergencies there will be time for
the reorganization of our industrial strength for the needs
of war. This exception gives the armed services power to
use negotiated procurement as a dynamic instrument of pre-
paredness, and to take into consideration such factors as
geographical location, avoidance of over concentration in a
few companies, and maintenance of a basic core of plants,
facilities, skills, and personnel, around which there can be
expansion when it is urgently needed.

*******

Also, through the use of educational orders the services
can constantly develop the industrial facilities and produc-
tion know-how necessary to keep abreast of the industrial
requirements arising out of the discovery and application of
new weapons. Without such powers, the plants, facilities,
skills, and personnel needed during an emergency may atro-
phy through disuse or may not be constructed and ready
for use.

IF DETERMINED TO BE NECESSARY IN THE PUBLIC INTEREST
DURING THE PERIOD OF A NATIONAL EMERGENCY DECLARED BY
THE PRESIDENT

A vital defect in preemergency legislation was the
absence of any provision permitting, in the event of
national danger, suspension of the advertisement method of
procurement and the simultaneous substitution therefor of
procurement procedures suitable for wartime. With the
prospect that any future war may start with great sudden-
ness, minimum preparedness requires that legislation be
available to permit the shedding of peacetime requirements
simultaneously with the declaration of any emergency by
the President. The bill would empower the War and Navy
Departments, in such an event, to procure by negotiation
rather than by advertising.

****** #

[Emphasis supplied.]

123

The bill provides small business concerns with an oppor-
tunity to secure a fair proportion of the total value of all
purchases and contracts by requiring the Services to pro-
cure supplies and services in reasonably small lots when not
of manifest disadvantage and to give suitable advance pub-
licity of their intention to negotiate contracts for certain
supplies and services. The committee believes that this will
not only benefit small business but will also assist the Serv-
ices in the development of a larger number of known and
capable suppliers geographically spread over the entire
country instead of in concentrated centers, thus affording
added production security in the event of any emergency
and establishing insurance against acute production bottle-
necks; . . .

10 U.S.C. 2542. Equipment for instruction and practice:
American National Red Cross

The Secretary of a military department, under regulations to be
prescribed by him, may lend equipment under the jurisdiction of
that department that is on hand, and that can be temporarily
spared, to any organization formed by the American National Eed
Cross that needs it for instruction and practice for the purpose of
aiding the Army, Navy, or Air Force in time of war. The Secretary
shall by regulation require the immediate return, upon request, of
equipment lent under this section. The Secretary shall require a
bond, in double the value of the property issued under this section,
for the care and safekeeping of that property and for its return
when required. (Aug. 10, 1956, ch. 1041, 70A Stat. 142.)

10 TJ.S.C. 2602. American National Red Cross: cooperation and

ASSISTANCE

(a) Whenever the President finds it necessary, he may accept the
cooperation and assistance of the American National Red Cross, and
employ it under the armed forces under regulations to be prescribed
by the Secretary of Defense.

(b) Personnel of the American National Red Cross who are per-
forming duties in connection with its cooperation and assistance
under subsection (a) may be furnished —

(1) transportation, at the expense of the United States, while
traveling to and from, and while performing, those duties, in
the same manner as civilian employees of the armed forces ;

(2) meals and quarters, at their expense or at the expense of
the American National Red Cross, except that where civilian
employees of the armed forces are quartered without charge,
employees of the American National Red Cross may also be
quartered without charge; and

(3) available office space, warehousing, wharfage, and means
of communication, without charge.

[Emphasis supplied.]

124

(c) No fee may be charged for a passport issued to an employee
of the American National Red Cross for travel outside the United
States to assume or perform duties under this section.

(d) Supplies of the American National Red Cross, including gifts
for the use of the armed forces, may be transported at the expense
of the United States, if it is determined under regulations pre-
scribed under subsection (a) that they are necessary to the coopera-
tion and assistance accepted under this section.

(e) For the purposes of this section, employees of the American
National Red Cross may not be considered as employees of the
United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 145.)

10 U.S.C. 2604. United Seamen's Service: cooperation and

ASSISTANCE

(a) Whenever the President finds it necessary in the interest of
United States commitments abroad to provide facilities and services
for United States merchant seamen in foreign areas, he may author-
ize the Secretary of Defense, under such regulations as the Secretary
may prescribe, to cooperate with and assist the United Seamen's
Service in establishing and providing those facilities and services.

(b) Personnel of the United Seamen's Service who are perform-
ing duties in connection with the cooperation and assistance under
subsection (a) may be furnished —

(1) transportation, at the expense of the United States, while
traveling to and from, and while performing those duties, in the
same manner as civilian employees of the armed forces ;

(2) meals and quarters, at their expense or at the expense of
the United Seamen's Service, except that where civilian employ-
ees of the armed forces are quartered without charge, employees
of the United Seamen's Service may also be quartered without
charge; and

(3) available office space (including space for recreational
activities for seamen), warehousing, wharfage, and means of
communication, without charge.

(c) No fee may be charged for a passport issued to an employee
of the United Seamen's Service for travel outside the United States
to assume or perform duties under this section.

(d) Supplies of the United Seamen's Service, including gifts for
the use of merchant seamen, may be transported at the expense of
the United States, if it is determined under regulations prescribed
under subsection (a) that they are necessary to the cooperation and
assistance provided under this section.

(e) Where practicable, the President shall also make arrange-
ments to provide for convertibility of local currencies for the United
Seamen's Service, in connection with its activities under subsection
(a).

(f ) For the purposes of this section, employees of the United Sea-
men's Service may not be considered as employees of the United

[Emphasis supplied.]

125

States. (Added Pub. L. 91-603, § 3(1), Dec. 31, 1970, 84 Stat.
1674.)

—NOTE—

Excerpt from Senate Kept. 890, 80th Cong., 2d Sess. (1948)

Under the temporary wartime authority contained in Pub-
lic Law 779, Seventy-seventh Congress, as amended by the
Seventy-ninth Congress, the Array and Navy Departments
are providing transportation to and from work for personnel
working in installations which are not served with adequate
commercial facilities. It frequently happens that installations
operated by the armed services are relatively much more iso-
lated with respect to residential areas than is usually the case
with permanent civilian industrial plants. In such cases, a
requirement for transportation exists only during the going-
to-work and the away-from-work periods. Furthermore, the
installation is frequently temporary and for that reason the
providing of transportation facilities is often not attractive
to commercial carriers. The effect of these factors is to make it
necessary for the armed services to continue the wartime prac-
tice of providing to-and-from-work transportation for em-
ployees at these installations which are not adequately served
by commercial means.

10 TJ.S.C. 2632. Transportation to and from certain places op
employment

(a) Whenever the Secretary of a military department determines
that it is necessary for the effective conduct of the affairs of that
department, he may, at reasonable rates of fare fixed under regula-
tions to be prescribed by him, provide assured and adequate trans-
portation by motor vehicle or water carrier to and from their places
of employment for persons attached to, or employed in, that depart-
ment, and during a war or during a national emergency declared by
Congress or the President, for persons attached to, or employed in, a
private plant that is manufacturing material for that department.

(b) Transportation may not be provided under subsection (a)
unless the Secretary of the military department concerned, or an
officer of the department concerned designated by the Secretary,
determines that —

(1) other facilities are inadequate and cannot be made ade-
quate; .

(2) a reasonable effort has been made to induce operators of
private facilities to provide the necessary transportation ; and

(3) the service to be furnished will make proper use of trans-
portation facilities and will supply the most efficient transporta-
tion to the persons concerned.

[Emphasis supplied.]

126

(1) buy, lease, or charter motor vehicles or water earners
having a seating capacity of 12 or more passengers;

(2) maintain and operate that equipment by —

(A) enlisted members of the Army, Navy, Air Force or
Marine Corps, as the case may be;

( B ) employees of the department concerned ; and

(3) lease or charter the equipment to private or public car-
riers for operation under terms that are considered necessary by
the Secretary or by an officer of the department designated by
the Secretary, and that may provide for the pooling of Govern-
ment-owned and privately owned equipment and facilities and
for the reciprocal use of that equipment.

(d) Fares received under subsection (a), and proceeds of the leas-
ing or chartering of equipment under subsection (c) (3), shall be
covered into the Treasury as miscellaneous receipts. (Aug. 10, 1956,
ch. 1041, 70A Stat. 146.)

10 U.S.C. 2663. Acquisition

(a) The Secretary of a military department may have proceedings
brought in the name of the United States, in a court of proper juris-
diction, to acquire by condemnation any interest in land, including
temporary use, needed for —

(1) the site, construction, or operation of fortifications, coast
defenses, or military training camps;

(2) the construction and operation of plants for the produc-
tion of nitrate and other compounds, and the manufacture of
explosives or other munitions of war ; or

(3) the development and transmission of power for the oper-
ation of plants under clause (2) .

(b) In time of war or when war is imminent, the United States
may, immediately upon the filing of a petition for condemnation
under subsection (a), take and use the land to the extent of the
interest sought to be acquired.

(c) The Secretary of the military department concerned may con-
tract for or buy any interest in land, including temporary use,
needed for any purpose named in subsection (a), as scon as the
owner fixes a price for it and the Secretary considers that price to
be reasonable.

(d) The Secretary of the military department concerned may
accept for the United States a gift of any interest in land, including
temporary use, for any purpose named in subsection (a). (Aug. 10,
1956, ch. 1041, 70A Stat. 147-; Sept. 2, 1958, Pub. L. 85-861, § 33
(a) (14), 72 Stat. 1565.)

[Emphasis supplied.]

127

— N O T E —

Excerpt from Senate Kept. 55, 65th Cong., 1st Sess. (1917)

In making preparation for the mobilization and training
of the military forces to be raised under the provisions of
the act approved May 18, 1917, it will be necessary to pro-
vide extensive camp or cantonment sites in various parts of
the country far in excess of the existing facilities. It is
manifestly impracticable to secure adequate and sufficient
sites by private negotiation, and some means must be pro-
vided by which the Government can obtain such sites at
reasonable prices and with the greatest possible expedition.
The 'proposed measure is simply an extension of the power
of the (Government over lands for purposes other than mili-
tary. There appears to be no statute expressly authorizing
in general terms the condemnation of private property for
this purpose.

10 U.S.C. 2664. Acquisition of property for lumber production

(a) The Secretary of a military department, the Secretary of
Commerce, and the Chairman of the Federal Maritime Board, or
any one or more of them, may have proceedings brought in the name
of the United States to acquire by condemnation any interest in
property named in subsection (b), including temporary use, and
needed for —

(1) the production of aircraft, vessels, dry docks, or equip-
ment for them ;

(2) the procurement of supplies for aircraft, vessels, and dry
docks; or

(3) housing for persons employed by the United States in
connection with functions of the Army, Navy, Air Force, or
Marine Corps, or the functions transferred to the Secretary of
Commerce or the Federal Maritime Board by 1950 Reorganiza-
tion Plan No. 21, effective May 24, 1950 (64 Stat. 1273), as the
case may be.

(b) The kinds of property that may be acquired by condemnation
under subsection (a) are —

( 1 ) standing or fallen timber ;

(2) sawmills;

(3) camps;

(4) machinery;

(5) logging roads;

(6) rights-of-way;

(7) supplies; and

(8) works, property, or appliances suitable for the production
of lumber and timber products.

[Emphasis supplied.]

128

(c) Jurisdiction over condemnation proceedings under this section
is vested in the United States District Court for the district in
which the property, or any part of it, sought to be condemned is
located, regardless of its value.

(d) In time of war or when war is imminent, the United States
may, immediately upon the filing of a petition for condemnation
under subsection (a), take and use the property to the extent of the
interest sought to be acquired.

(e) A person named in subsection (a) may contract for or buy any
interest m property named in subsection (b), including temporary
use, needed for any purpose named in subsection (a), as soon as the
owner fixes a price for it and that person considers that price to be
reasonable.

(f) A person named in subsection (a) may accept for the United
States a gift of any property named in subsection (b), including
temporary use, for any purpose named in subsection (a). (Aug. 10,
1956, ch. 1041, 70A Stat. 148; Sept. 2, 1958, Pub. L. 85-861, § 33
(a) (15), 72 Stat. 1565.)

10 U.S.C. 2667. Leases: non-excess property

(a) Whenever the Secretary of a military department considers it
advantageous to the United States, he may lease to such lessee and
upon such terms as he considers will promote the national defense or
be in the public interest, real or personal property that is —

(1) under the control of that department;

(2) not for the time needed for public use; and

(3) not excess property, as defined by section 472 of title 40.

(b) A lease under subsection (a) —

(1) may not be for more than five years, unless the Secretary
concerned determines that a lease for a longer period will pro-
mote the national defense or be in the public interest ;

(2) may give the lessee the first right to buy the property if
the lease is revoked to allow the United States" to sell the prop-
erty under any other provision of law ;

(3) must permit the Secretary to revoke the lease at any time,
unless he determines that the omission of such a provision will
promote the national defense or be in the public interest;

(4) must be revocable by the Secretary during a national
emergency declared by the President; and

(5) may provide, notwithstanding section 303b of title 40 or
any other provision of law, for the maintenance, protection,
repair, or restoration, by the lessee, of the property leased, or of
the entire unit or installation where a substantial part of it is
leased, as part or all of the consideration for the lease.

(d) Money rentals received by the United States directly from a
lease under this section shall be covered into the Treasury as miscel-

[Emphasis supplied.]

129

laneons receipts. Payments for utilities or services furnished to the
lessee under such a lease by the department concerned may be cov-
ered into the Treasury to the credit of the appropriation from which
the cost of f urnishing them was paid.

(e) The interest of a lessee of property leased under this section
may be taxed by State or local governments. A lease under this sec-
tion shall provide that, if and to the extent that the leased property
is later made taxable by State or local governments under an act of
Congress, the lease shall be renegotiated. (Aug. 10, 1956, ch. 1041,
70A Stat. 150.)

10 U.S.C. 2674. Establishment and development of military

FACILITIES AND INSTALLATIONS COSTING LESS THAN $300,000

(a) Under such regulations as the Secretary of Defense may pre-
scribe, the Secretary of a military department may acquire, con-
struct, convert, extend, and install, at military installations and
facilities, urgently needed permanent or temporary public works not
otherwise authorized by law, including the preparation of sites and
the furnishing of appurtenances, utilities, and equipment, but exclud-
ing the construction of family quarters. However, a determination
that a project is urgently needed is not required for a project cost-
ing not more than $50,000.

(b) This section does not authorize, a project costing more than
$300,000. A project costing more than $100,000 must be approved in
advance by the Secretary of Defense, and a project costing more
than $50,000 must be approved in advance by the Secretary con-
cerned.

(d) Not more than $50,000 may be spent under this section during
a fiscal year to convert structures to family quarters at any one
installation or facility.

(e) Appropriations available for military construction may be
used for the purposes of this section. In addition, the Secretary con-
cerned may spend, from appropriations available for maintenance
and operations, amounts necessary for any project costing not more
than $50,000 that is authorized under this section.

(f) .The Secretary of each military department shall report in
detail every six months to the Committees on Armed Services of the
Senate and House of Representatives on the administration of this
section. (Added Pub. L. 85-861, § 1 (51), Sept. 2, 1958, 72 Stat.
1459, and amended Pub. L. 87-651, title I, § 112(b), Sept. 7, 1962,
76 Stat 511 ; Pub. L. 88-174, title VI, 608, Nov. 7, 1963. 77 Stat.
328- Pub. Jj. 89-188, title VI, § 613, Sept. 16, 1965, 79 Stat. 819;
Pub L. 89-568, title VI, § 608. Sept. 12, 1966, 80 Stat 756; Pub. L.
91-511, title VI, § 607 (2)-(4), Oct. 26, 1970, 84 Stat. 1224.)

[Emphasis supplied.]

130

10 U.S.C. 2733. Property los6; personal injury or death : incident
to noncombat activities of department of army, navy, or alr
Force

(a) Under such regulations as the Secretary concerned may pre-
scribe, he, or, subject to appeal to him, the Judge Advocate General
of an armed force under his jurisdiction, or the chief legal officer of
the Coast Guard, as appropriate, if designated by him, may settle,
and pay in an amount not more than $15,000, a. claim against the
United States for —

(1) damage to or loss of real property, including damage or
loss incident to use and occupancy ;

(2) damage to or loss of personal property, including prop-
erty bailed to the United States and including registered or
insured mail damaged, lost, or destroyed by a criminal act while
in the possession of the Army, Navy, Air Force, Marine Corps,
or Coast Guard, as the case may be ; or

(3) personal injury or death ;

either caused by a civilian officer or employee of that department, or
the Coast Guard, or a member of the Army, Xavy, Air Force,
Marine Corps, or Coast Guard, as the case may be, acting within the
scope of his employment, or otherwise incident to noncombat activi-
ties of that department, or the Coast Guard.

(b) A claim may be allowed under subsection (a) only if —

(1) it is presented in writing within two years after it
accrues, except that if the claim accrues in time of war or
armed conflict or if such a war or armed conflict intervenes
within two years after it accrues, and if good cause is shown,
the claim may be presented not later than two years after the
war or armed conflict is terminated ;

(2) it is not covered by section 2734 of this title or section
2672 of title 28;

(3) it is not for personal injury or death of such a member or
civilian officer or employee whose injury or death is incident to
his service ;

(4) the damage to, or loss of, property, or the personal injury
or death, was not caused wholly or partly by a negligent or
wrongful act of the claimant, his agent, or his employee; or, if
so caused, allowed only to the extent that the law of the place
where the act or omission complained of occurred would permit
recovery from a private individual under like circumstances;
and

(5) it is substantiated as prescribed in regulations of the Sec-
retary concerned.

For the purposes of clause (1), the dates of the beginning and
ending of an armed conflict are the dates established by concurrent
resolution of Congress or by a determination of the President.

(c) Payment may not be made under this section for reimburse-
ment for medical, hospital, or burial services furnished at the
expense of the United States.

[Emphasis supplied.]

131

(d) If the Secretary concerned considers that a claim in excess of
$15,000 is meritorious and would otherwise be covered by this sec-
tion, he may pay the claimant $15,000 and report the excess to Con-
gress for its consideration.

(e) Except as provided in subsection (d), no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.

(f) For the purposes of this section, a, member of the Environ-
mental Science Services Administration or of the Public Health
Service who is serving with the Navy or Marine Corps shall be
treated as if he were a member of that armed force.

(g) In any case where the amount to be paid is not more than
$2,500, the authority contained in subsection (a) may be delegated to
any officer of an armed force under the jurisdiction of the depart-
ment concerned, subject to appeal to the Secretary concerned, or his
designee for that purpose.

(h) Under such regulations as the Secretary of Defense may pre-
scribe, he or his designee has the same authority as the Secretary of
a military department under this section with respect to the settle-
ment of claims based on damage, loss, personal injury, or death
caused by a civilian officer or employee of the Department of
Defense acting within the scope of his employment or otherwise
incident to noncombat activities of that department. (Aug. 10, 1956,
ch. 1041, 70A Stat. 153; Aug. 23, 1958, Pub. L. 85-729, 72 Stat. 813;
Sept. 2, 1958. Pub. L. 85-861, § 1(54), 72 Stat. 1461; Nov. 2, 1966,
Pub. L. 89-718, § 8(a), 80 Stat. 1117; Sept. 26, 1968, Pub. L.
90-522, 82 Stat. 875; Sept. 26, 1968, Pub. L. 90-525, §§ 1, 3, 4, 5,
82 Stat. 877, 878 ; July 8, 1970, Pub. L. 91-312, § 2, 84 Stat. 412.)

10 U.S.C. 2734. Property loss ; personal injury or death : inci-
dent TO NONCOMBATANT ACTIVITIES OF THE ARMED FORCES ; FOREIGN
COUNTRIES

(a) To promote and maintain friendly relations through the
prompt settlement of meritorious claims the Secretary concerned or
any officer designated by him may, under such regulations as the
Secretary may prescribe, appoint one or more claims commissions,
each composed of one or more commissioned officers of the armed
forces, to settle and pay any claim for not more than $15,000, for — ■

(1) damage to, or loss of, real property of any foreign coun-
try or of any political subdivision or inhabitant of a foreign
country, including damages or loss incident to use and occu-
pancy ;

(2) damage to, or loss of, personal property of any foreign
country or of any political subdivision or inhabitant of a for-
eign country, including property bailed to the United States ; or

(3) personal injury to, or death of, any inhabitant of a for-
eign country ;

if the damage, loss, personal injury, or death occurs outside the
United States, or the Territories, Commonwealths, or possessions,

132

and is caused by, or is otherwise incident to noncombat activities of,
the armed forces under his jurisdiction, or is caused by a member
thereof or by a civilian employee of the military department con-
cerned or the Coast Guard, as the case may be. The claim of an
insured, but not that of a subrogee, may be considered under this
subsection. In this section, "foreign country" includes any place
under the jurisdiction of the United States in a foreign country. An
officer may serve on a claims commission under the jurisdiction of
another armed force only with the consent of the Secretary of his
department, or his designee, but shall perform his duties under regu-
lations of the. department appointing the commission.

(b) A claim may be allowed under subsection (a) only if —

(1) it is presented within two years after it accrues;

(2) in the case of a national of a country at war with the
United States, or of any ally of that country, the claimant is
determined by the commission or by the local military com-
mander to be friendly to the United States ; and

(3) it did not arise from action by an enemy or result
directly or indirectly from an act of the armed forces of the
United States in combat, except that a claim may be allowed if
it arises from an accident or malfunction incident to the opera-
tion of an aircraft of the armed forces of the United States,
including its airborne ordnance, indirectly related to combat,
and occurring while preparing for, going to, or returning from
a combat mission.

(c) Allowance of a claim for more than $2,500 under subsection
(a) may, by regulation, be made subject to the approval of any com-
missioned officer designated by the Secretary concerned.

(d) If the Secretary concerned considers that a claim in excess of
$15,000 is meritorious and would otherwise be covered by this sec-
tion, he may pay the claimant $15,000 and certify the excess to Con-
gress as a legal claim for payment from appropriations made by
Congress therefor, together with a brief statement of the claim, the
amount claimed, the amounts allowed, and the amount paid.

(e) Except as provided inj subsection (d), no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.

(f) Upon the request of the department concerned, a claim arising
in that department and covered by subsection (a) may be settled and
paid by a commission appointed under subsection (a) and composed
of officers of an armed force under the jurisdiction of another
department.

(g) Payment of claims against the Coast Guard arising while it is
operating as a service in the Department of the Treasury shall be
made out of the appropriation for the operating expenses of the
Coast Guard.

(h) The Secretary of Defense may designate any claims commis-
sion appointed under subsection (a) to settle and pay, as provided in
this section, claims for damage caused by a civilian employee of the
Department of Defense other than an employee of a military depart-
ment. Payments of claims under this subsection shall be made from

[Emphasis supplied.]

133

appropriations available to the Office of the Secretary of Defense for
the payment of claims. (Aug. 10, 1956, eh. 1041, 70A Stat. 154: Sept.
2 1958, Pub. L. 85-861, § 1 (55), 72 Stat. 1461; Sept. 1, 1959, Pub. L.
86-223, § 1(1), 73 Stat. 453; Apr. 8, 1960, Pub. L. 86^11, 73 Stat.
16; Sept. 26, 1968, Pub. L. 90-521, § 1, 3, 82 Stat. 874; July 8, 1970,
Pub. L. 91-312, § 1, 84 Stat. 412.) '

10 TJ.S.C. 3031. Composition : assignment and detail of memeees
of Army and Civilians

(a) There is in the executive part of the Department of the Army
an Armv Staff consisting of —

(1) the chief of Staff;

(2) the Vice Chief of Staff;

(3) not more than three Deputy Chiefs of Staff as prescribed
by the Secretary of the Army ;

(4) not more than five Assistant Chiefs of Staff, as prescribed
by the Secretary ;

(5) the officers named in sections 3036, 3039, and 3040 of this
title;

(6) other members of the Army assigned or detailed to the
Army Staff ; and

(7) civilians in the Department of the Army assigned or
detailed to the Army Staff.

(b) Except as otherwise specifically prescribed by law, the Army
Staff shall be organized in such manner, and its members shall per-
form such duties and have such titles, as the Secretary may pre-
scribe. A part of the Army Staff may be designated as the Army
General Staff.

(c) Not more than 3,000 officers of the Army may be assigned or
detailed to permanent duty in the executive part of the Department
of the Army. Of this number not more than 1,000 may be detailed
or assigned to duty on or with the Army General Staff. However,
these limitations do not apply in time of war. or of national emer-
gency declared by Congress, or whenever the President finds that it
is in the national interest to increase the number of officers in the
executive part of the Department or on or with the Army General
Staff. The Secretary shall report quarterly to Congress the number
of officers in the executive part of the Department of the Army and
the number of commissioned officers on or with the Army General
Staff, and the justification therefor.

(d) No commissioned officer who is assigned or detailed to duty in
the executive part of the Department of the Army may serve for a
tour of duty of more than four years. However, the Secretary may
extend such a tour of duty if he makes a special finding that the
extension is necessary in the public interest. No officer may be
assigned or detailed to duty in the executive part of the Department
of the Army within two years after relief from that duty, except
upon a special finding by the Secretary that the assignment or detail
is necessary in the public interest. This subsection does not apply in

[Emphasis supplied.]

134

time of war, or of national emergency declared by Congress. (Aug.
10, 1956, ch. 1041, 70A Stat. 160.)

10 U.S.C. 3034. Chief op Staff: appointment; duties

(a) The Chief of Staff shall be appointed by the President, by
and with the advice and consent of the Senate, for a period of four
years, from the general officers of the Army. He serves during the
pleasure of the President. In time of war or national emergency,
declared hy the Congress after December 31, 1968, he may be reap-
pointed for a term of not more than four years.

(b) The Chief of Staff, while so serving, has the grade of general
without vacating his regular or reserve grade, and is counted as one
of the officers authorized to serve in a grade above lieutenant general
under section 3066 of this title.

(c) Except as otherwise prescribed by law and subject to section
3012 (c) and (d) of this title, the Chief of Staff performs his duties
under the direction of the Secretary of the Army, and is directly
responsible to the Secretary for the efficiency of the Army, its pre-
paredness for military operations, and plans therefor.

(d) The Chief of Staff shall—

( 1 ) preside over the Army Staff ;

(2) send the plans and recommendations of the Army Staff to
the Secretary, and advise him with regard thereto ;

(3) after approval of the plans or recommendations of the
Army Staff by the Secretary, act as the agent of the Secretary
in carrying them into effect ;

(4) exercise supervision over such of the members and organi-
zations of the Army as the Secretary of the Army determines.
Such supervision shall be exercised in a manner consistent with
the full operational command vested in unified or specified com-
batant commanders under section 124 of this title;

(5) perform the duties described for him by sections 141 and
171 of this title and other provisions of law : and

(6) perform such other military duties, not otherwise
assigned by law, as are assigned to him by the President.

(Aug. 10, 1956, ch. 1041, 70A Stat. 162; Aug. 6, 1958, Pub. L.
85-599; § 4(a), 72 Stat. 516; Sept. 7, 1962, Pub. L. 87-651, title I,
114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, §401, 81
tat. 53.)

—NOTE—

Excerpt from House Rept. 270, 90th Cong., 1st Sess. (1967)

Existing law authorizes the appointment of the Chief of
Staff of the Army, Chief of Staff of the Air Force, and
Chief of Nav al Operations for a term of not more than 4
years, unless reappointed by the President. Under title IV
the Chief of Staff of the Army, Chief of Staff of the Air
Force, and Chief of Naval Operations will be appointed for

[Emphasis supplied.]

135

a specific term of 4 years and they may not be reappointed
unless Congress thereafter declares a state of war or
national emergency. Of course, these officers will continue to
serve at the pleasure of the President.

The Commandant of the Marine Corps, under current
law, is appointed for a specific term of 4 years. Under the
proposed title IV the Commandant of the Marine Corps
may be reappointed under the same conditions as the Chief
of Staff of the Army, Chief of Staff of the Air Force, and
Chief of Naval Operations.

This title does not affect the appointment or tenure of
office of the Chairman of the Joint Chiefs of Staff.

Title IV will become effective January 1, 1969.

The conferees agreed that title IV should be included in
the bill but also agreed that wherever in sections 401, 402,
403, and 404 the sentence —

In time of war or national emergency thereafter
declared by the Congress he may be reappointed
for a term of not more than four years,
appears, the following language should be substituted there-
for:

In time of war or national emergency declared by the
Congress after December 31, 1968 he may be reappointed
for a term of not more than four years.

10 U.S.C. 3062. Policy ; composition ; organized peace establishment

(a) It is the intent of Congress to provide an Army that is capa-
ble, in conjunction with the other armed forces, of —

(1) preserving the peace and security, and providing for the
defense, of the United States, the Territories, Commonwealths,
and possessions, and any areas occupied by the United States;

( 2 ) supporting the national policies ;

(3) implementing the national objectives; and

(4) overcoming any nations responsible for aggressive acts
that imperil the peace and security of the United States.

(b) In general, the Army, within the Department of the Army,
includes land combat and service forces and such aviation and water
transport as may be organic therein. It shall be organized, trained,
and equipped primarily for prompt and sustained combat incident
to operations on land. It is responsible for the preparation of land
forces necessary for the effective prosecution of war except as other-
wise assigned and, in accordance with integrated joint mobilization
plans, for the expansion of the peacetime components of the Army
to meet the needs of war.

(1) The Regular Army, the Army National Guard of the
United States, the Army National Guard while in the service of
the United States and the Army Reserve ; and

[Emphasis supplied.]

136

(2) all persons appointed or enlisted- in, or conscripted into,
the Army without component,
(d) The organized peace establishment of the Army consists of
all —

(1) military organizations of the Army with their installa-
tions and supporting and auxiliary elements, including combat,
training, administrative, and logistic elements ; and

(2) members of the Army, including those not assigned to
units;

necessary to form the basis for a complete and immediate mobiliza-
tion for the national defense in the ecent of a national emergency.
(Aug. 10, 1956, ch. 1041, 70A Stat. 166.)

10 U.S.C. 3063. Basic branches

(a) The Secretary of the Army may assign members of the Army
to its basic branches. The basic branches are —

(1) Infantry;

(2) Armor;

(3) Artillery;

(4) Corps of Engineers;

(5) Signal Corps;

( 6 ) Adj utant General 's Corps ;

( 7 ) Quartermaster Corps ;

(8) Finance Corps ;

(9) Ordnance Corps ;

(10) Chemical Corps ;

(11) Transportation Corps ;

(12) Military Police Corps: and

(13) such other basic branches as the Secretary considers nec-
essary.

(b) The Secretary may discontinue or consolidate basic blanches
of the Army for the duration of any war, or of any national emer-
gency declared by Congress.

(c) The Secretary may not assign to a basic branch any commis-
sioned officer appointed in a special branch. (Aug. 10, 195C, ch. 1041,
70A Stat. 166.)

10 U.S.C. 3201. Army: membeks on active duty

(a) The authorized strength of the Army in members on active
duty, exclusive of —

(1) officer candidates ;

(2) Reserves on active duty for training;

(3) members paid from appropriations for the Army
National Guard or the Army Reserve ;

(4) Reserves ordered to active duty in an emergency; and

(5) enlisted members in a reserve officers' training corps or
serving as cadets at the United States Military Academy, the

[Emphasis supplied.]

137

United States Air Force Academy, or the United States Coast
Guard Academy, or as midshipmen at the United States Naval
Academy or in the Naval Reserve;
is 837,000.

(b) The authorized daily average strength of the Army in mem-
bers, on active duty during the fiscal year, exclusive of —

( 1 ) officer candidates ;

(2) Reserves on active duty for training purposes only ;

(3) members employed in the Selective Service System; and

(4) enlisted members in a reserve officers' training corps or
serving as cadets at the United States Military Academy, the
United States Air Force Academy, or the United States Coast
Guard Academy, or as midshipmen at the United States Naval
Academy or in the Naval Reserve ;

is 837,000. (Aug. 10, 1956, ch. 1041, 70A Stat. 172; Sept. 2, 1958,
Pub. L. 85-861, § 1 (62), 72 Stat. 1462; Oct. 13, 1964, Pub. L.
88-647, title III, § 301 (4), 78 Stat. 1071.)

10 U.S.C. 3202. Army : officers in certain commissioned grades

(a) The authorized strength of the Army in officers on active
duty in each of the following grades on the last day of each fiscal
year, exclusive of officers on active duty for training only and
officers serving with other departments or agencies on a reimbursable
basis, is, except as provided in subsections (e) and (f), based on the
total number of those officers authorized by the Secretary of the
Army in all commissioned grades, as follows :

If the total The authorized strength in grade is —

number

authorized is — For general For colonels For lieuten- For majors
officers ant colonels

50,000 350 3, 352 6, 940 9, 350

60,000 400 3, 752 8, 045 10, 950

70,000 425 4, 102 9, 150 12, 500

80 000. 450 4,452 10,205 14,050

90 000 475 4,752 11,260 15,600

100 000 _ -- 495 5,002 12,265 17,060

110000 --- 510 5,202 13,270 18,370

120 000" _ . 520 5, 402 14, 175 19, 680

130*000 530 5,602 15,075 20,890

UO'OOO 540 5,802 15,875 22,095

150'000"I" 550 6,002 16,675 23,300

If the total number authorized by the Secretary is determined to
be between two of the figures named in the first column of the table,
the corresponding authorized strengths in grade are determined by
mathematical interpolation between the respective authorized
strenoths named in the table. If it is determined to be more than
150 000, the Secretary shall fix the corresponding authorized
strengths in grade in general conformity with the table.

138

(b) Not more than one-half of the general officer strength may be
in grades above brigadier general.

(d) In time of war, or of national emergency declared after May
5, 1954, by Congress or the President, the President may suspend the
operation of any provision of this section.

(e) The authorized strengths of the Army in Officers in the Medi-
cal Corps and Dental Corps in grades below brigadier general shall
be based on the needs of the Army, as determined by the Secretary
under regulations to be prescribed by the Secretary of Defense.

(f) In determining the authorized strength of the Army under
subsection (a), the strengths authorized for the Medical Corps and
Dental Corps shall be excluded. (Aug. 10, 1956, ch. 1041, 70A Stat.
172; Sept. 2, 1958, Pub. L. 85-861, § 1(63), 72 Stat. 1463; Dec. 28,
1967, Pub. L. 90-228, § 1(1), (2), 81 Stat. 745.)

— N O T E—

Excerpt from Senate Kept. 1215, 82d Cong., 2d Sess. (1954)

suspension of provisions during time of emergency

This section permits the President to suspend, in time of
war or national emergency declared after enactment of this
act, all or any part of the provisions of the act which relate
to officers of the Army and Air Force, and those provisions
of the Officer Personnel Act of 1947, amended by this act,
which relate to distribution in grades for officers of the
Navy above the grade of lieutenant and of the Marine
Corps above the grade of captain. Section 426(c) of the
Officer Personnel Act of 1947, as amended, permits the
President to suspend, in time of war or national emergency
declared after August 7, 1947, all or any part of the provi-
sions of that act which relate to distribution in grades, pro-
motion by selection, and involuntary retirement and dis-
charge of officers of the Navy and Marine Corps. Section
403 of the bill limits the President's suspension authority
with regard to provisions of the Officer Personnel Act of
1947, as amended, which relate to distribution in grades
above that of lieutenant in the Navy and captain in the
Marine Corps, to time of war or national emergency
declared after enactment of proposed legislation.

10 U.S.C. 3313. Suspension of laws for promotion or mandatory

RETIREMENT OR SEPARATION DURING WAR OR EMERGENCY

In time of war, or of emergency declared by Congress or the Pres-
ident, the President may suspend the operation of any provision of

[Emphasis supplied.]

139

law relating to promotion, or mandatory retirement or separation, of
commissioned officers of the Regular Army. (Aug. 10, 1956, ch. 1041,
70A Stat. 193.)

10 U.S.C. 3444. Commissioned officers : during war or emergency

(a) In time of emergency declared by Congress or tlie President,
and. in time of war, the President may appoint any qualified person,
including a person who is not a Regular or Reserve, in any tempo-
rary commissioned grade.

(b) An officer appointed under subsection (a) may be ordered to
active duty for such period as the President prescribes.

(c) Unless sooner vacated, an appointment under subsection (a) is
effective during the war or emergency in which it is made and for
six months thereafter.

(d) For the purposes of determining grade, position on a promo-
tion list, seniority in temporary grade, and eligibility for promotion,
an officer of the Medical or Dental Corps who is appointed in a tem-
porary grade under subsection (a) shall, when he enters on active
duty, be credited with the constructive service authorized by section
3294 (b) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat, 196; Sept.
2, 1958, Pub. L. 85-861, § 1(81) (A), 72 Stat. 1480.)

10 U.S.C. 3445. Officers: additional appointments during war

OR EMERGENCY

(a) In addition to appointments authorized under section 3442 of
this title, in time of war or of national emergency declared by the
President, a regular officer or a reserve warrant officer may be
appointed in a temporary grade that is higher than his regular or
reserve grade, without vacating that grade.

(b) In addition to appointments authorized under subsection (a)
of this section, and sections 3442 and 3444 of this title, in time of
war a person who holds no commissioned grade in the Regular
Army may be appointed in any temporary commissioned grade.

(c) Unless sooner vacated, the appointment of an officer under
subsection (b), except a member of the Regular Army, is effective
during the war in which it is made and for six months thereafter.

(d) Each officer appointed under subsection (b) shall, unless he is
a member of the Regular Army, be relieved from active duty, at his
reauest, within six months after the termination of the war. (Aug.
1CL 1956, ch. 1041, 70A Stat. 196; Sept. 2, 1958, Pub. L. 85-861, §
1(81) (B), 72 Stat. 1480.)

v ' — NOTE—

Excerpt from Senate Rept. 2484, 84th Cong., 2d Sess. (1956)

Your committee deems it advisable, therefore, to provide
that in time of war a Regular Army officer may receive a

[Emphasis supplied.]

140

higher temporary appointment, and that such Regular
Army officer and all others appointed as officers, regardless
of from what source they come, shall be appointed and com-
missioned in the Army of the United States, thereby plac-
ing all officers upon an equal basis in time of war and cor-
recting one of the glaring mistakes made in the
administration of officer personnel during the recent World
War.

In conclusion, your committee wishes to state that the
passage of this bill will eliminate the necessity for resorting
to the draft in order to secure the services of the officers
and enlisted men of the National Guard in time of emer-
gency, which draft to these men who have previously volun-
teered is most obnoxious,- and, in the opinion of your com-
mittee, will also be a most important step toward
solidifying the three components of the Army of the United
States — the Kegular Army, the National Guard of the
United States, and the Organized Reserves, and will pro-
vide in a definite manner for that unity of command which
is so essential to the success of any military undertaking.

10 U.S.C. 3500. Army National Guard in Federal service: call
Whenever —

(1) the United States, or any of the Territories, Common-
wealths, or possessions, is invaded or is in danger of invasion by
a foreign nation ;

(2) there is a rebellion or danger of a rebellion against the
authority of the Government of the United States ; or

(3) the President is unable with tlie regular forces to execute
the laws of tlie United States;

the President may call into Federal service members and units of
the Army National Guard of any State or Territory, Puerto Rico,
the Canal Zone, or the District of Columbia in such numbers as he
considers necessary to repel the invasion, suppress the rebellion, or
execute those laws. Orders for these purposes shall be issued through
the governors of the States, the Territories, Puerto Rico, and the
Canal Zone, and, in the District of Columbia, through the command-
ing general of the National Guard of the District of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 199.)

10 U.S.C. 3741. Medal of honor: award

The President may award, and present in the name of Congress, a
medal of honor of appropriate design, with ribbons and appurte-
nances, to a person who while a member of the Army, distinguished

[Emphasis supplied.]

141

himself conspicuously by gallantry and intrepidity at the risk of his
life above and beyond the call of duty —

(1) while engaged in an action against an enemy of the
United States;

(2) while engaged in military operations involving conflict
with an opposing foreign force ; or

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; July 25, 1963, Pub. L.
88-77,§ 1(1), 77 Stat, 93.)

[See 14 U.S.C. 491, Note, infra.']

10 U.S.C. 3742. Distinguished-service cross : award

The President may award a distinguished-service cross of appro-
priate design, with ribbons and appurtenances, to a person who,
while serving in any capacity with the Army, distinguishes himself
by extraordinary heroism not justifying the award of a medal of
honor —

(1) while engaged in an action against an enemy of the
United States ;

(2) while engaged in military operations involving conflict
with an opposing foreign force ; or

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; July 25, 1963, Pub. L.
88-77, § 1(2), 77 Stat. 93.)

[See 14 U.S.C. 491, Note, infra.']

10 U.S.C. 3746. Silver star: award

The President may award a silver star of appropriate design, with
ribbons and appurtenances, to a person who, while serving in any
capacity with the Army, is cited for gallantry in action that does
not warrant a medal of honor or distinguished-service cross —

(1) while engaged in an action against an enemy of the
United States ;

(2) while engaged in military operations involving conflict
with an opposing foreign force ; or

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 216; July 25, 1963, Pub. L.
88-77. §1(3), 77 Stat. 93.)

[See 14 U.S.C. 491, Note, infra.]

[Emphasis supplied.]

24-509 O - 73 - 11

142

10 U.S.C. 3750. Soldier's Medal : award ; limitations

(a) The President may award a decoration called the "Soldier's
MeUal", of appropriate design with accompanying ribbon, to any
person who, while serving in any capacity with the Army, distin-
guishes himself by heroism not im-olomg actual conflict with an
enemy.

(b) Not more than one Soldier's Medal may be awarded to a
person. However, for each succeeding act that would otherwise jus-
tify the award of such a medal, the President may award a suitable
bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041,
70A Stat. 217.)

[See 14 U.S.C. 419, Note, infra.]

10 U.S.C. 4025. Production of sdpplies and munitions : hours and

PAY OF LABORERS AND MECHANICS

During a national emergency declared by the President, the regu-
lar working hours of laborers and mechanics of the Department of
the Army producing military supplies or munitions are 8 hours a
day or 40 hours a week. However, under regulations prescribed by
the Secretary of the Army these hours may be exceeded. Each
laborer or mechanic who works more than 40 hours in a workweek
shall be paid at a rate not less than one and one-half times the regu-
lar hourly rate for each hour in excess of 40. (Aug. 10, 1956, ch.
1041 , 70A Stat. 234. )

10 U.S.C. 4501. Industrial mobilization: orders; priorities;

POSSESSION OF MANUFACTURING PLANTS ; VIOLATIONS

(a) In time of war or when war is imminent, the President,
through the head of any department, may order from any person or
organized manufacturing industry necessary products or materials
of the type usually produced or capable of being produced by that
person or industry.

.(b) A person or industry with whom an order is placed under
subsection (a), or the responsible head thereof, shall comply with
that order and give it precedence over all orders not placed under
that subsection.

(c) In time of war or when war is imminent, the President,
through the head of any department, may take immediate possession
of any plant that is equipped to manufacture, or that in the opinion
of the Secretary of the Army is capable of being readily trans-
formed into a plant for manufacturing, arms or ammunition, parts
thereof, or necessary supplies for the Army, if the person or indus-
try owning or operating the plant, or the responsible head thereof,
refuses —

(1) to give precedence to the order as prescribed in subsection
(b);

[Emphasis supplied.]

143

(2) to manufacture the kind, quantity, or quality of arms or
ammunition, parts thereof, or necessary supplies, as ordered by
the Secretary ; or

(3) to furnish them at a reasonable price as determined by
the Secretary.

(d) The President, through the Ordnance Corps, may manufac-
ture products that are needed in time of war or when war h immi-
nent, in any plant that is seized under subsection (c).

(e) Each person or industry from whom products or materials are
ordered under subsection (a) is entitled to fair and just compensa-
tion. Each person or industry whose plant is seized under subsection
(c) is entitled to a fair and just rental.

(f ) Whoever fails to comply with this section shall be imprisoned
for not more than three years and fined not more than $50,000.
(Aug. 10, 1956, ch. 1041, 70A Stat. 251.)

10 U.S.C. 4502. Industrial mobilization ; plants ; lists ; Board on
Mobilization of Industries Essential for Military Prepared-
ness

(a) The Secretary of the Army shall maintain a list of all pri-
vately owned plants in the United States, and the Territories, Com-
monwealths, and possessions, that are equipped to manufacture for
the Army arms or ammunition, or parts thereof, and shall obtain
complete information of the kinds of those products manufactured
or capable of being manufactured by each of those plants, and of
the equipment and capacity of each of those plants.

(b) The Secretary shall maintain a list of privately owned plants
in the United States, and the Territories, Commonwealths, and pos-
sessions, that are capable of being readily transformed into factories
for the manufacture of ammunition for the Army, and that have a
capacity sufficient to warrant conversion into ammunition plants in
time of war or when war is imminent, and shall obtain complete
information as to the equipment of each of those plants.

(c) The Secretary shall prepare comprehensive plans for convert-
ing each plant listed pursuant to subsection (b) into a factory for
the manufacture of ammunition or parts thereof.

(d) The President may appoint a nonpartisan Board on Mobiliza-
tion of Industries Essential for Military Preparedness, and may
provide necessary clerical assistance to organize and coordinate oper-
ations under this section and section 4501 of this title. (Aug. 10,
1956, ch. 1041, 70A Stat. 252.)

10 U.S.C. 4742. Control or transportation systems in time of war

In time of war, the President, through the Secretary of the Army,
may take possession and assume control of all or part of any system
of transportation to transport troops, war material, and equipment,

[Emphasis supplied.]

144

or for other purposes related to the emergency. So far as necessary,
he may use the system to the exclusion of other traffic. (Aug. 10,
11)56, ch. 1041, 70A Stat. 266.)

10 TI.S.C. 4776. Emergency construction : fortifications

If in an emergency the President considers it urgent, a temporary
fort or fortification may be built on private land if the owner con-
sents in writing. (Aug. 10, 1956, ch. 1041, 70A Stat. 270; Sept. 1,
1970, Pub. L. 91-393, § 5, 84 Stat. 835.)

10 U.S.C. 4780. Acquisition of buildings in District of Columbia

(a) In time of war or when war is imminent, the Secretary of the
Army may acquire by lease any building, or part of a building, in
the District of Columbia that may be needed for military purposes.

(b) At any time, the Secretary may, for the purposes of the
Department of the Army, requisition the use and take possession of
any building or space in any building, and its appurtenances, in the
District of Columbia, other than —

(1) a dwelling house occupied as such ;

(2) a building occupied by any other agency of the United
States; or

(3) space in such a dwelling house or building.

The Secretary shall determine, and pay out of funds appropriated
for the payment of rent by the Department of the Army, just com-
pensation for that use. If the amount of the compensation is not sat-
isfactory to the person entitled to it, the Secretary shall pay 75 per-
cent of it to that person, and the claimant is entitled to recover by
action against the United States an additional amount that, when
added to the amount paid by the Secretary, is determined by the
court to be just compensation for that use. (Added Pub. L. 85-861,
§ 1 (105) (A) , Sept. 2, 1958, 72 Stat. 1489.)

10 U.S.C. 5081. Chief of Naval Operations: appointment; term
of office; powers; duties

(a) There is a Chief of Naval Operations, appointed by the Presi-
dent, by and with the advice and consent of the Senate, to serve at
the pleasure of the President, for a term of four years, from officers
on the active list in the line of the Navy, eligible to command at sea
and not below the grade of rear admiral. In time of war or national
emergency declared by the Congress after December 31, 1968, he
may be reappointed for a term of not more than four years.

(b) The Chief of Naval Operations, while so serving, has the
rank of admiral. He takes precedence above all other officers of the

[Emphasis supplied.]

145

naval service, except an officer of the naval service who is serving as
Chairman of the Joint Chiefs of Staff.

(c) Under the direction of the Secretary of the Navy, the Chief
of Naval Operations shall exercise supervision over such of the
members and organizations of the Navy and the Marine Corps as
the Secretary of the Navy determines. Such supervision shall be
exercised in a manner consistent with the full operational command
vested in unified or specified combatant commanders under section
124 of this title.

(d) The Chief of Naval Operations is the principal naval adviser
to the President and to the Secretary of the Navy on the conduct of
war, and the principal naval adviser and naval executive to the Sec-
retary on the conduct of the activities of the Department of the
Navy. (Aug. 10, 1956, ch. 1041, 70A Stat. 281 ; Aug. 6, 1958, Pub. L.
85-599, § 4(b), 72 Stat. 516; Sept. 7, 1962, Pub. L. 87-651, title I,
§§ 114, 120, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV,
§ 402, 81 Stat 53.)

[See 10 U.S.C. 3034, Note. Supra.]

10 U.S.C. 5201. Commandant: appointment; term: emoluments

(a) There is a Commandant of the Marine Corps, appointed by
the President, for a term of four years, by and with the advice and
consent of the Senate, to serve at the pleasure of the President, from
officers on the active list of the Marine Corps, not below the rank of
colonel. In time of war or national emergency declared by the Con-
gress after December 31, 1968, he may be reappointed for a term of
not more than four years.

(b) The Commandant of the Marine Corps, while so serving, has
the rank of general.

(c) An officer who is retired while serving as Commandant of the
Marine Corps, or who, after serving at least two and one-half years
as Commandant, is retired after completion of that service while
serving in a lower rank or grade, may, in the discretion of the Presi-
dent, be retired with the grade of general. The retired pay of such
an officer shall be computed at the highest rates of basic pay appli-
cable to him while he served in that office.

(d) Under the direction of the Secretary of the Navy, the Com-
mandant of the Marine Corps shall exercise supervision over such of
the members and organizations of the Marine Corps and Navy as
the Secretary of the Navy determines. Such supervision shall be
exercised in a manner consistent with the full operational command
vested in unified or specified combatant commanders under section
124 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 292; May 20,
1958. Pub. L. 85^22, § 6(3), 72 Stat. 129; Aug. 6, 1958, Pub. L.
85-599, § 4(c), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87-651, title I,
§ 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, § 404, 81
Stat. 53.)

[See 10 U.S.C. 3034, Note. Supra.]

[Emphasis supplied.]

146

10 U.S.C. 5231. Navy positions : admirals and vice admirals

(a) The President may designate officers on the active list of the
Navy above the grade of captain and, in time of war or national
emergency, above the grade of commander for —

( 1 ) command of fleets or subdivisions of fleets ;

(2) command of naval units afloat to perform special or un-
usual missions; or

(3) performance of duty of great importance and responsibil-
ity.

An officer so designated may be appointed by the President, by
and with the advice and consent of the Senate, to the grade of admi-
ral or vice admiral. Such an appointment is effective on the date the
officer reports for the designated duty and terminates on the date he
is detached. The Secretary of the Navy shall determine the rank of
officers in the grade in which they are serving under this section.

(b) The number of officers serving in the grades of admiral and
vice admiral under subsection (a) may not, at any time, exceed 15
percent of the number of officers prescribed for the grade of rear-
admiral in —

(1) section 5442 of this title, if that section is operative; or

(2) section 5447 of this title, if section 5442 is inoperative.

Of the number of officers that may serve in the grades of admiral
and vice admiral, as determined under this subsection, not more than
eight may have the grade of admiral.

(c) Except in time of war or national emergency, the number of
officers serving in the grades of admiral and vice admiral may not
exceed 26. including the Chief of Naval Operations, and of the
number so serving only the Chief of Naval Operations and three
others may have the grade of admiral.

(d) An officer while serving as Chairman of the Joint Chiefs of
Staff, if serving in the grade of admiral, is in addition to the num-
bers authorized under subsections (b) and (c) of this section.

(e) An officer of the Navy assigned as Chief of Staff to the Presi-
dent shall be appointed by the President, by and with the advice
and consent of the Senate, to the grade of admiral, unless he is oth-
erwise entitled to the same or a higher grade. Such an appointment
is effective while the officer is so serving, and while in that grade he
is in addition to the numbers authorized under subsections (b) and
(c) of this section.

(f) An appointment under this section does not create a vacancy
m the grade held by the officer at the time he is appointed and does
not increase the authorized strength of the Navy in officers on the
active list. (Aug. 10, 1M56, ch. 1041, 70A Stat. 294.)

10 U.S.C. 5232. Marine Corps positions: general and lieutenant

GENERALS

(a) The President may designate officers on the active list of the
Marine Corps above the grade of colonel and, in time of war or
national emergency, above the grade of lieutenant colonel for

[Emphasis supplied.]

147

(1) appropriate higher commands; or

(2) performance of duty of great importance and reponsibil-

ity-

An officer so designated may be appointed by the President, by
and with the advice and consent of the Senate, to the grade of lieu-
tenant general. Such an appointment is effective on the date the
officer reports for the designated duty and terminates on the date he
is detached. The Secretary of the Navy shall determine the rank of
officers in the grade in which they are serving under this section.

(b) The number of officers serving in the grade of lieutenant gen-
eral may not exceed two except in time of war or national emer-
gency, and may not, at any time, exceed 10 percent of the number of
officers not restricted in the performance of duty prescribed for
grades above colonel in —

( 1 ) section 5443 of this title, if that section is operative ; or

(2) section 5448 of this title, if section 5443 is inoperative.

(c) An officer of the Marine Corps assigned as Chief of Staff to
the President shall be appointed by the President, by and with the
advice and consent of the Senate, to the grade of general. Such an
appointment is effective while the officer is so serving.

(d) An appointment under this section does not create a vacancy
in the grade held by the officer at the time he is appointed and does
not increase the authorized strength of the Marine Corps in officers
on the active list. (Aug. 10, 1956, ch. 1041, 70A Stat. 295.)

10 U.S.C. 5234. Suspension provision

During a war or national emergency, the President may suspend
any provision of section 5231 or 5232 of this title relating to distri-
bution in grade. Such a suspension may not continue beyond June 30
of the fiscal year following that in which the war or national emer-
gency ends. (Aug. 10, 1956, ch. 1041, 70A Stat. 295.)

— N O T E—

Excerpt from House Reft. 542, 82d Cong., 1st Sess. (1951)

The purpose of the proposed legislation is to make certain revi-
sions in the provisions of the Officer Personnel Act of 1947 which
relate to officers of Navy and Marine Corps so as to meet the re-
quirements of the service during the period of a national emergency.

The bill would give the President authority in time of war or
national emergency to suspend the provisions of the Officer Per-
sonnel Act which relate to distribution in grade, promotion by selec-
tion, and involuntary retirement and discharge of officers, which
would give the Navy and Marine Corps flexibility in the administra-
tion of the act similar to that now authorized under title V for the
the Army and Air Corps. The present provisions of the Officer
Personnel Act require the discharge of lieutenants and lieutenants
(junior grade) who twice fail of selection for promotion and restrict
the employment of Reserve officers in the ranks needed because of
grade limitations. It is essential that the President be authorized
during a national emergency or war to suspend these and such other
provisions of the act as the needs of the service require.

Title III of the Officer Personnel Act authorizes the appointment

[Emphasis supplied.]

148

of temporary officers and the employment of temporary and Re-
serve officers only on a temporary basis. It now appears, however,
that temporary and Reserve officers will be employed on active duty
for some years to come. The bill would eliminate the terminable fea-
tures of title III.

Under the present provisions of title III of the Officer Personnel
Act, the Secretary of the Navy may make computations to establish
the allowances of officers iu the various grades but once annually.
This restriction makes it impossible to adjust grade allowances dur-
ing periods of immediate expansion such as resulted from the Korean
incident. Present world conditions will undoubtedly affect the size
of the Navy in the foreseeable future and greater flexibility is re-
quired to handle efficiently officer programs during such periods of
fluctuation. Authority to establish grade allowances at times when
needed is therefore essential.

G. L. Russell,
Rear Admiral, United States Wavy,
Judge Advocate General of the Wavy

( For the Secretary of the Navy ) .

Although the proclamation of an emergency in December 1950 now
permits officers to be promoted under the wartime act of July 24, 1941,
it is considered that events, similar to Korea, when an emergency is
not immediately declared, might in the future necessitate the use of
the temporary promotion system.

10 U.S.C. 5402. Regular Marine Corps: total; enlisted members

(a) Except in time of war or national emergency declared by Con-
gress after June 28, 1952, the authorized strength of the Regular
Marine Corps, excluding retired members, is 400,000. However, this
strength may be temporarily exceeded at any time in a fiscal year if
the daily average number in that year does not exceed it.

(b) Except in time of war or national emergency declared by
Congress after June 28, 1952, the authorized strength of the Regular
Marine Corps in enlisted members, excluding retired enlisted mem-
bers, is 400,000 less the actual strength of the Marine Corps in per-
manent regular officers other than retired regular officers. However,
this strength may be temporarily exceeded at any time in a fiscal
year if the daily average number in that year does not exceed it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 297.)

10 U.S.C. 5447. Navy : line officers on the active list ; permanent

grade

(a) The distribution in permanent grades of officers on the active
list, in the line of the Navy, excluding fleet admirals and officers car-
ried as additional numbers in grade, shall be based on the following
percentages of the number of such officers : °

(1) Rear admiral — 7y100 of 1 percent.

(2) Captain — 6 percent.

(3) Commander — 12 percent.

(4) Lieutenant commander — 18 percent.

(5) Lieutenant — 247y100 percent.

[Emphasis supplied.]

149

(6) Lieutenant (junior grade) and ensign combined — 385%0o
percent.

(b) The Secretary of the Navy, as of January 1 of each year,
shall compute the number of officers authorized under subsection (a)
for each grade above lieutenant (junior grade) and for the combined
grades of lieutenant (junior grade) and ensign. The number so com-
puted is the number of line officers on the active list, excluding
officers carried as additional numbers in grade, prescribed for the
grade or grades concerned. However, if the number of officers pre-
scribed for the grade of captain as computed cannot be attained
because of the minimum total commissioned service required for pro-
motion to that grade by section 5780 of this title, the Secretary shall
determine an appropriate lesser number. The lesser number then
becomes the prescribed number for the grade of captain and the Sec-
retary shall make a corresponding increase in the prescribed number
for one or more of the lower grades.

(c) Notwithstanding the provisions of subsection (a), the number
of officers not restricted in the performance of duty who may hold
permanent appointments on the active list in the line of the Navy in
the grade of rear admiral may not exceed 150, except in time of war
or national emergency.

(d) Of the numbers of officers prescribed for grades below cap-
tain, as computed or determined under subsection (b), not more than
the following percentages may be officers designated for limited
duty:

(1) Commander — 36y100 percent.

(2) Lieutenant commander — 86%00 percent.

(3) Lieutenant — 77%0o percent.

(4) Lieutenant (junior grade) and ensign combined — 6%0o
percent.

(e) The Secretary, as of January 1 of each year, shall compute
the number of officers designated for limited duty authorized under
subsection (d) for each grade above lieutenant (junior grade) and
for the combined grades of lieutenant (junior grade) and ensign.
The Secretary shall also determine the number of such officers, not
to exceed the computed number, that will be required to meet the
needs of the service during the ensuing year in each grade above
lieutenant (junior grade) and in the combined grades of lieutenant
(junior grade) and ensign. The number so determined is the pre-
scribed number for the grade or grades concerned.

(f) The number of officers on the active list designated for engi-
neering duty, aeronautical engineering duty, and special duty hold-
ing permanent appointments in the grade of rear admiral may not
exceed 13 percent of the number of officers prescribed for the grade
of rear admiral as computed under subsection (b). The Secretary, as
of January 1 of each year, shall compute the number of officers
authorized by this subsection to hold permanent appointments in the
grade of rear admiral. The number so computed is the number of
officers on the active list, restricted in the performance of duty, pre-
scribed for the permanent grade of rear admiral. However, except in
time of war or national emergency, the total number of officers on

[Emphasis supplied.]

150

the active list, restricted in the performance of duty, holding perma-
nent appointments in the grade of rear admiral may not exceed 19.

(g) The numbers of officers on the active list designated for engi-
neering duty, aeronautical engineering duty, and special duty,
respectively, holding permanent appointments in the combined
grades of captain, commander, and lieutenant commander may not
exceed the following percentages of the sum of the numbers of
officers prescribed for those grades as computed or determined under
subsection (b) :

(1) Engineering duty — 11 percent.

(2) Aeronautical engineering duty — 7 percent.

(3) Special duty — 12 percent.

The Secretary, as of January 1 of each year, shall compute the
number of officers designated for engineering duty, aeronautical
engineering duty, and special duty, respectively, authorized under
this section to hold permanent appointments in these combined
grades. The number so computed for each designation is the number
of officers of that designation on the active list prescribed for these
combined permanent grades.

(h) The prescribed numbers of officers computed or determined
under this section may not be varied between computations. How-
ever, the prescribed number for a grade is temporarily increased
during the period between one annual computation and the next suc-
ceeding computation by —

(1) the number of officers originally appointed in that grade
during that period; and

(2) the number of officers of that grade for whom vacancies
exist in the next higher grade but whose promotion has been
delayed for any reason.

(i) For the purpose of this section —

( 1 ) each officer is counted in his permanent grade ; and

(2) women officers are not counted.

(Aug. 10, 1956, ch. 1041, 70A Stat. 307; Pub. L. 90-386, § 1(4),
July 5, 1968, 82 Stat. 293.)

10 TJ.S.C. 5448. Marine Corps: officers on the active list:

PERMANENT GRADE

(a) The distribution in permanent grades of officers on the active
list of the Marine Corps shall be based on the following percentages
of the number of such officers :

(1) Major general and brigadier general combined— 75/... 0f 1
percent.

(2) Colonel — 6 percent.

(3) Lieutenant colonel — 12 percent.

(4) Major— 18 percent.

(5) Captain— 24?%00 -percent.

(6) First lieutenant and second lieutenant combined— 3850/. .„
percent. /10°

However, the number of officers who may have permanent
appointments on the active list of the Marine Corps in the grades of

151

major general and brigadier general may not exceed 36, except in
time of war or national emergency.

(b) The Secretary of the Navy, as of January 1 of each year,
shall compute the number of officers authorized under subsection (a)
for the grades of major general and brigadier general. At the time
of making this computation, the Secretary shall also determine the
number of officers required to meet the needs of the service in each
of those grades. The number so determined for each grade is the
number of officers on the active list prescribed for that grade. How-
ever, the prescribed number for the grade of major general may not
exceed 50 percent of the sum of the prescribed numbers for that
grade and the grade of brigadier genera], and the sum of the pre-
scribed numbers must equal the number authorized for general
officer grades under subsection (a).

(c) The Secretary, as of January 1 of each year, shall compute
the number of officers authorized under subsection (a) for each of
the grades of colonel, lieutenant colonel, major, and captain and for
the combined grades of first lieutenant and second lieutenant. The
number so computed is the number of officers on the active list pre-
scribed for the grade or grades concerned. However, if the number
of officers prescribed for the grade of colonel as computed cannot be
attained because of the minimum total commissioned service
required for promotion to that grade by section 5780 of this title,
the Secretary shall determine an appropriate lesser number. The
lesser number then becomes the prescribed number for the grade of
colonel and the Secretary shall make a corresponding increase in the
prescribed number for one or more of the lower grades.

(d) Of the numbers of officers prescribed for grades below colo-
nel, as computed or determined under subsection (c), not more than
the following percentages may be officers designated for limited
duty :

(1) Lieutenant colonel — 36yl00 percent.

(2) Major— 8«%00 percent.

(3) Captain — 77%oo percent.

(4) First lieutenant and seoond lieutenant combined — 6%00
percent.

(e) The Secretary, as of January 1 of each year, shall compute
the number of officers designated for limited duty authorized under
subsection (d) for each grade above first lieutenant and for the com-
bined grades of first lieutenant and second lieutenant. The Secretary
shall also determine the number of such officers, not to exceed the
computed number, that will be required to meet the needs of the
service during the ensuing year in each grade above first lieutenant
and in the combined grades of first lieutenant and second lieutenant.
The number so determined is the prescribed number for the grade or
grades concerned.

(f) The prescribed numbers of officers computed or determined
under this section may not be varied between computations. How-
ever, the prescribed number for a grade is temporarily increased
during the period between one annual computation and the next suc-
ceeding computation by —

[Emphasis supplied.]

152

(1) the number of officers originally appointed in that grade
during that period; and

(2) the number of officers of that grade for whom vacancies
exist in the next higher grade but whose promotion has been
delayed for any reason.

(g)' For the purpose of this section —

( 1 ) each officer is counted in his permanent grade ; and

(2) women officers are not counted

(Aug. 10, 1956, ch. 1041, 70A Stat. 309; Aug. 3, 1961, Pub. L.
87-123, § 5(7), 75 Stat. 2.65.)

10 TJ.S.C. 5449. Navy : staff corps officers on the active list ;

PERMANENT GRADE

(a) The number of officers on the active list of the Navy holding
permanent appointments in the grade of rear admiral in the Medical
Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer
Corps, and the Dental Corps, respectively, excluding any rear admi-
ral serving as a chief of bureau, may not exceed, in any of those
corps, s/io of 1 percent of the number of officers on the active list of
the Navy in the corps concerned. The Secretary of the Navy, as of
January 1 of each year, shall compute the number of officers author-
ized under this section to hold permanent appointments in the grade
of rear admiral in each corps. The number so computed for each
corps is the number of officers on the active list in that corps pre-
scribed for the permanent grade of rear admiral. However, except in
time of war or national emergency, the numbers of officers who may
hold permanent appointments on the active list of the Navy in the
grade of rear admiral in these corps may not exceed —

(1) 15 in the Medical Corps;

(2) 13 in the Supply Corps;

(3) 2 in the Chaplain Corps;

(4) 4 in the Civil Engineer Corps ; and

(5) 4 in the Dental Corps.

(b) Each officer who holds a permanent appointment on the active
list of the Navy in the grade of rear admiral in a staff corps, and
who serves as a chief of bureau, shall, upon the termination of his
appointment as chief of bureau, be carried in excess of the pre-
scribed number until the next vacancy occurs in the permanent
grade of rear admiral in his corps.

(d) The prescribed numbers of officers computed under this sec-
tion may not be varied between computations.

(e) For the purpose of this section —

(1) each officer is counted in his permanent grade; and

(2) women officers appointed under section 5590 of this title
are not counted.

fEmphasis supplied.]

153

(Aug. 10, 1956, ch. 1041, 70A Stat. 311; Aug. 21, 1957, Pub. L.
85-155, title II, § 201 (4), 71 Stat. 381; Nov. 8, 1967, Pub. L.
90-130, § 1(17) (C), (D),81 Stat. 376.)

10 U.S.C. 5450. Regular Navy : retired flag officers on active duty

(a) Except in time of war or national emergency, not more than
ten retired officers of the Regular Navy in the grade of rear admiral
and above may be on active duty.

(b) This section does not apply to fleet admirals or to retired
officers ordered to temporary active duty to serve on boards con-
vened under chapter 543 of this title. (Aug. 10, 1956, ch. 1041, 70A
Stat. 312.)

10 U.S.C. 5451. Suspension: preceding: sections

(a) Except as provided in subsection (b), the President, during a
war or national emergency, may suspend any provision of the pre-
ceding sections of this chapter. Such a suspension may not continue
beyond June 30 of the fiscal year following that in which the war or
national emergency ends.

(b) The President may suspend provisions of sections 5442, 5443,
and 5444 of this title relating to officers serving in grades above lieu-
tenant in the Navy or captain in the Marine Corps only during a
war or national emergency declared by Congress or the President
after May 5, 195i. (Aug. 10, 1956, ch. 1041, 70A Stat. 312.)

10 U.S.C. 5597. Navt and Marine Corps : temporary appointments

IN TIME OF WAR OR NATIONAL EMERGENCY

(a) Temporary appointments may be made under this section
only in time of war or during a national emergency declared by the
President.

(b) Temporary appointments in the Regular Navy in grades not
above lieutenant and in the Regular Marine Corps in grades not
above captain may be made from—

(1) warrant officers of the Regular Navy and the Regular
Marine Corps, respectively, including retired members on active
duty;

(2) chief and first-class petty officers of the Regular Navy
and master, technical, and staff sergeants of the Regular Marine
Corps, respectively, including retired members on active duty;
and

(3) chief and first-class petty officers of the Fleet Reserve and
master, technical, and staff sergeants of the Fleet Marine Corps
Reserve, respectively, on active duty.

[Emphasis supplied.]

154

(c) Temporary appointments in the Naval Reserve in grades not
above lieutenant and in the Marine Corps Reserve in grades not
above captain may be made from —

(1) warrant officers of the Naval Reserve and the Marine
\ Corps Reserve, respectively, on active duty ; and
j ■ (2) chief and first-class petty officers of the Naval Reserve

and master, technical, and staff sergeants of the Marine Corps

Reserve, respectively, on active duty.

(d) Temporary appointments in warrant officer grades under this
section shall be made by the Secretary of the Navy under such regu-
lations as he prescribes. Such appointments shall be made by war-
rant if in the grade of warrant officer, W-l, or by commission if in
a higher warrant officer grade.

(e) Temporary appointments under this section in grades above
chief warrant officer, W-4, shall be made under regulations pre-
scribed by the President and in such numbers as he determines the
needs of the service require. Such appointments shall be made by the
President alone, except that appointments under subsections (f) and
(g) in grades above lieutenant commander in the Navy shall be
made by the President, by and with the advice and consent of the
Senate. The grade of commodore is established for the purposes of
subsections (f) and (g).

*******

10 U.S.C. 5598. Naval Reserve and Marine Corps Reserve :

TEMPORARY APPOINTMENTS IN TIME OF WAR OR NATIONAL EMERGENCY

(a) In time of ■national emergency declared by the President or
by Congress, and in time of war, temporary appointments may be
made in any commissioned grade in the Naval Reserve or the
Marine Corps Reserve from qualified persons.

(b) Appointments under this section in the grades of chief war-
rant officer, W-2, chief warrant officer, W-3, and chief warrant
officer, W-4:, shall be made by the Secretary of the Navy, by com-
mission, under such regulations as he prescribes.

(d) An appointment under this section may be vacated by the
President at any time. Unless sooner vacated, the appointment is
effective during the war or emergency in which it is made and for
six months thereafter.

(e) The appointment of a permanent warrant officer to a higher
grade under this section does not vacate his permanent grade or
prejudice any right, privilege, benefit, or promotion status to which
he was entitled because of his permanent grade. (Aug. 10, 1956 ch.
1041, 70.A. St fit. 331.) '

(f ) Temporary appointments in a staff corps and in the line or in
a different staff corps of the Regular Navy may be made from
retired officers of the Regular Navy in the line and staff corps
respectively, who are on active duty. Each officer appointed under

[Emphasis supplied.]

155

this subsection shall be appointed in the grade in which he was serv-
ing at the time of appointment.

(g) Temporary appointments in a staff corps and in the line or in
a different staff corps of the Naval Reserve may be made from
retired officers of the Naval Reserve in the line and staff corps,
respectively, who are on active duty. Each officer appointed under
this subsection shall be appointed in the grade in which he was serv-
ing at the time of appointment.

(h) Temporary appointments under this section do not change the
permanent, probationary, or acting status of members so appointed,
prejudice them in regard to promotion or appointment, or abridge
their rights or benefits.

(i) Each temporary appointment vinder this section, unless
expressly declined, is, without formal acceptance or oath of office,
regarded as accepted on the date made.

(j) Temporary appointments under this section are effective for
such periods as the President determines. However, no such appoint-
ment may be effective later than —

(1) six months after the end of the war or national emer-
gency; or

(2) the date the appointee is released from active duty ;
whichever is earlier.

(k) When his temporary appointment under this section is termi-
nated, each member of the naval service on active duty shall have
the grade he would hold if he had not received any such appoint-
ment. (Aug. 10, 1956, ch. 1041, 70A Stat. 330; Sept. 7, 1962, Pub. L.
87-649, &§ 5(a), 14c(28), 76 Stat. 493, 501.) (As amended Sept. 28,
1971, Pub. L. 92-129, title VI, § 603(a), 85 Stat. 362.)

[See 10 U.S.C. 5787 (S. Rept. 483). Infra.'\

10 U.S.C. 5599. Medical Corps: acting appointments for

TEMPORARY SERVICE

(a) Appointments for temporary service in the Medical Corps in
the grade of lieutenant (junior grade) may be made by the Presi-
dent alone.

(b) Appointees under this section may not be placed on the lineal
list, may not be assigned running mates, and are ineligible for pro-
motion. The number of such appointees may not be more than 250 at
any time, except that in time of war or declared national 'emergency
the number may be increased by the President as he considers neces-
sary to meet the needs of the naval service. (Aug. 10, 1956, ch. 1041,
70A Stat. 331). _

10 U.S.C. 5662. Suspension: preceding sections

(a) The President may suspend any provision of the preceding
sections of this chapter relating to officers serving in the grades of
lieutenant and lieutenant (junior grade) during any period when—

[Emphasis supplied.]

156

(1) the number of officers serving on active duty in the grade
of ensign and above in the line of the Navy exceeds the number
of officers on the active list in the line of the Navy ; and

(2) he determines that the needs of the service so require,
(b) During a war or national emergency, the President may sus-
pend any provision of the preceding sections of this chapter. Such a
suspension may not continue beyond June 30 of the fiscal year fol-
lowing that in which the war or national emergency ends. (Aug. 10,
1956, ch. 1041, 70A Stat. 335.)

[See 10 U.S.C. 5234 (H. Eept. 542) . Supra.]

10 U.S.C. 5711. Suspension and exceptions : preceding sections

(a) The President may suspend any provision of the preceding
sections of this chapter relating to officers serving in the grades of
lieutenant and lieutenant (junior grade) in the Navy, other than
women officers appointed under section 5590 of this title, or relating
to male officers serving in the grades of captain and first lieutenant
in the Marine Corps during any period when —

(1) the number of male officers serving on active duty in the
grade of ensign and above in the line of the Navy exceeds the
number of male officers on the active list in the line of the
Navy ; and

(2) he determines that the needs of the service so require.

(b) During a war or national emergency, the President may xus-
pend any provision of the preceding sections of this chapter. Such a
suspension may not continue beyond June 30 of the fiscal year fol-
lowing that in which the war or national emergency ends.

(c) Officers in the following categories are ineligible for consider-
ation by a selection board under this chapter and are not counted as
officers serving on active duty for the purpose of susbsection (a) :

(1) Repealed. Pub. L. 90-130, § 1(18) (M), Nov. 8, 1967, 81
Stat. 377.

(2} Retired officers.

(3) Officers of the Naval Reserve and the Marine Corps
Reserve assigned to active duty for training.

(4) Officers of the Naval Reserve and the Marine Corps
Reserve ordered to active duty in connection with organizing,
administering, recruiting, instructing, training, or drilling the
Naval Reserve or the Marine Corps Reserve.

(5) Officers of the Naval Reserve and the Marine Corps
Reserve ordered to temporary active duty to prosecute special

90i5f§lV)9(S),Ch8is^:3^ ^ 3455 N°V- 8' 1967' Pub-
[See 10 U.S.C. 5234 (H. Rept. 542). Supra.]
[Emphasis supplied.]

157

10 U.S.C. 5785. Suspension: preceding sections

(1) the number of male officers serving on active duty in the
grade of ensign and above in the line of the Navy exceeds the
number of male officers on the active list in the line of the
Navy; and

(2) he determines that the needs of the service so require.

(b) During a war or national emergency, the President may sus-
pend any provision of the preceding sections of this chapter relating
to officers of the Navy and the Marine Corps, other than women
officers appointed under section 5590 of this title. Such a suspension
may not continue beyond June 30 of the fiscal year following that in
which the war or national emergency ends. (Aug. 10, 1956, ch. 1041,
70A Stat. 365; Sept. 2, 1958, Pub. L. 85-861, § 33 (a) (29), 72 Stat.
1566.)

[See 10 TJ.S.C. 5234 (H. Eept. 542) . Supra.]

10 U.S.C. 5787. Temporary promotions in time of war or national

EMERGENCY

(a) Promotions may be made under this section only in time of
war or during a national emergency declared by the President.

(b) The President may promote to a higher grade any member of
the naval service serving on active duty in the Navy in the grade of
ensign or above or serving on active duty in the Marine Corps in the
grade of second lieutenant or above. Such promotions shall be made
under such regulations as the President prescribes and in such num-
bers as he determines the needs of the service require.

(c) The Secretary of the Navy, under such regulations as he pre-
scribes, may promote to the next higher warrant officer grade any
member of the naval service serving on active duty in a warrant
officer grade below chief warrant officer, ~W-i.

(d) The grade of commodore in the Navy is established for the
purposes of this section.

(e) Promotions under this section shall be made by temporary
appointments. Each, such appointment to a grade above lieutenant
commander in the Navy or to a grade above major in the Marine
Corps shall be made by the President, by and with the advice and
consent of the Senate. Each such appointment to a warrant officer
grade shall be made by the Secretary, by commission. All other tem-
porary appointments under this section shall be made by the Presi-
dent alone.

[Emphasis supplied.]

24-509 O - 73 - 12

158

(f ) Temporary promotions under this section to the grade of lieu-
tenant or above in the Navy or to the grade of captain or above in
the Marine Corps may be made only upon the recommendation of a
board of officers convened for that purpose. In addition to recom-
mending officers for promotion, a board so convened shall make the
report required by section 6305 of this title.

(g) Each temporary appointment under this section, unless
expressly declined, is without formal acceptance, regarded as
accepted on the date made.

(h) Temporary appointments under this section do not change the
permanent, probationary, or acting status of members so appointed,
prejudice them in regard to other promotion or appointment, or
abridge their rights or benefits.

(i) Temporary appointments under this section are effective for
such periods as the President determines. However, no such appoint-
ment may be effective later than —

(1) six months after the end of the war or national emer-
gency; or

(2) the date the appointee is released from active duty;
whichever is earlier.

(j) When his temporary appointment under this section is termi-
nated or expires, each member of the naval service on active duty
shall have the grade he would hold if he had not received any such
appointment. (Aug. 10, 1956, ch. 1041, 70A Stat. 366; Sept. 7", 1962,
Pub. L. 87-649, §§ 5(b), 14c(30), 76 Stat. 493, 501.)

*******
(As amended Sept. 28, 1971, Pub. L. 92-129, title VI, S 630(b), 85
Stat. 362.)

— N O T E —

Excerpt From Senate Reft. 483, 77th Cong., 1st Sess. (1941)

The purpose of this bill is to provide for the temporary
appointment or advancement of certain personnel of the
Navy, Marine Corps, and Coast Guard as commissioned or
warrant officers, and thus meet the officer requirements inci-
dent to the great expansion of the Naval Establishment
upon which we are now entering, and of which aviation is
an important part.

Many warrant officers and enlisted men would be of
greater value to the service as commissioned officers in time
of war or national emergency. By temporarily promoting
warrant officers and petty officers who are qualified for com-
mission, by which is meant that they possess qualifications
which fit them for posts of greater authority and responsi-
bility in their specialities, and for duties of wider scope
than those normally assigned them in their present posi-
tions, maximum use will be made of the abilities of individ-
uals who are already in service.

*******

[Emphasis supplied.]

159

During a period of expansion, such as that upon which
the Naval Establishment is now entering, it will be imprac-
ticable for an officer to complete the present legal period of
service in grade before he must be given greater responsibil-
ities, thus requiring that he fill a billet normally filled by
an officer of higher rank. This bill therefore provides for
temporary advancements or promotions, which like the tem-
porary appointments, will be for the duration of the na-
tional emergency, and be subject to similar conditions upon
• the termination of active duty thereunder.

Representatives of the Navy Department have stated that
there is no immediate necessity for temporary promotions
in the so-called command grades, namely, commander, cap-
tain, and rear admiral pending the report of the next regu-
larly constituted selection boards for permanent promotions.
It is the intention to fill any shortage therein which might
exist following such report by temporary promotions.

There have been a number of factors which tended to
build up an excess in the higher grades. One of these was
the Personnel Act of 1938, which provided for promotions
to all grades except lieutenant and rear admiral on a fitted,
as well as a best-fitted, basis. Individuals so promoted and
retained on the active list are carried in excess in the var-
ious grades. For a short period after that law went into
effect only so many of these so-called fitted officers as were
needed to meet the immediate needs of the service were
retained on the active list. During the past year, however,
all such officers have been retained on the active list, and it
is expected that the practice will be continued as long as the
emergency lasts, especially as the Congress has provided
that no officer who has been adjudged fitted for promotion
shall be involuntarily retired during the emergency.

* * * * * * *

Very briefly the bill —

(1) Authorizes the temporary advancement of officers in
the Navy, the Marine Corps, and the Coast Guard to higher
ranks including retired officers recalled to active duty.

(2) Authorizes the temporary appointment of enlisted
men to warrant and commissioned ranks; including retired
and Reserve men assigned to active duty.

(3) Provides that temporary appointments and advance-
ments shall be in such numbers as the President may deem
necessary and be made in such manner and under such reg-
ulations as he may prescribe.

(4) Provides that temporary appointments and advance-
ments may be made by the President alone, except that pro-
motions to the grade of rear admiral in the Navy and
general officers in the Marine Corps shall be made by and
with the advice and consent of the Senate.

(5) Grants enlisted men initally appointed as officers the
sum of $250 as a uniform gratuity.

[Emphasis supplied.]

160

(6) Provides that personnel temporarily promoted shall
receive the pay of the rank to which promoted.

(7) Authorizes percentage pay increases for officers who
perform active duty while on the retired list.

(8) Makes provision for retirement benefits for certain
classes of individuals who, while on active duty, incur phys-
ical disability in the line of duty in time of war or national
emergency.

(9) Provides that the permanent status on the active or
retired list of personnel temporarily appointed or promoted
will not be vacated while such personnel are holding such
appointments or higher ranks or grades.

(10) Provides that temporary appointments and promo-
tions to the different grades may be made over and above
the number now authorized by law for each grade in the
permanent naval establishment.

(11) Provides that the temporary appointment or
advancement of personnel may be revoked at any time and
that upon termination of their temporary status they revert
to their permanent status.

(12) Limits to not more than 6 montlia after the termina-
tion of war or national emergency the period of time
during which the temporary appointments and promotions
made under the authority of the bill may continue to be in
force.

*******

Section 9 of the bill provides that any temporary
appointment made pursuant to the authority contained in
section 2 shall not be counted in any computation to deter-
mine the authorized number of officers in any grade. This
means that percentage distributions in grades will not
apply insofar as temporary appointments and promotions
are concerned. Temporary appointments and promotions to
the different grades may be made over and above the num-
bers now authorized by law for each grade in the permanent
Naval Establishment to meet the needs of the service as
they arise.

10 U.S.C. 5982. Ships and squadrons: detail of retired officers
to command

(a) In time of war, the President, by and with the advice and
consent of the Senate, may detail retired officers of the Navy on
active duty to the command of squadrons and single ships, if he
believes that the good of the service requires that they be so detailed.

(b) In making details under subsection (a), the President may
select any retired officer not below the grade of commander and
assign him to the command of a squadron, with the rank and title of
a flag officer.

[Empbasis supplied.]

161

(c) If a retired officer detailed under subsection (a) receives, on
the recommendation of the President, a vote of thanks of Congress
for his services and gallantry in action against the enemy, the Presi-
dent, by and with the advice and consent of the Senate, may appoint
him to the active list of the Navy. (Aug. 10, 1956, ch. 1041, 70A
Stat. 373.)

10 U.S.C. 6241. Medal of honor

The President may award, and present in the name of Congress, a
medal of honor of appropriate design, with ribbons and appurte-
nances, to a person who, while a member of the naval service, distin-
guishes himself conspicuously by gallantry and intrepidity at the
risk of his life above and beyond the call of duty —

(1) while engaged in an action against an enemy of the
United States;

(2) while engaged in military operations involving conflict
with an oppositing foreign force;

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a helligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L.
88-77, § 2(1), 77 Stat. 93.)

[See 14 U.S.C. 491, Note. Infra.}

10 TJ.S.C. 6242. Navy cross

The President may award a Navy cross of appropriate design,
with ribbons and appurtenances, to a person who, while serving in
any capacity with the Navy or Marine Corps, distinguishes himself
by extraordinary heroism not justifying the award of a medal of
honor —

(1) while engaged in an action against an enemy of the
United States ;

(2) while engaged in military operations involving conflict
with an opposing foreign force ; or

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L.
88-77, § 2(2), 77 Stat. 94.)

[See 14 U.S.C. 491, Note. Infra.]

10 U.S.C. 6244. Silver star medal

The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to a person who, while

[Emphasis supplied.]

162

serving in any capacity with the Navy or Marine Corps, is cited for
gallantry in action that does not warrant a medal of honor or Navy
cross — . . ,

(1) while engaged in an action against an enemy or tnc
United States;

(2) while engaged in military operations involving conflict
with an opposing foreign force ; or

(3) while serving with friendly foreign forces engaged i/i an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L.
S8-77, § 2(3), 77 Stat. 94.)

[See 14 U.S.C. 491, Note. Infra.]

10 U.S.C. 6246. Navy and Marine Corps Medal

The President may award a medal called the "Navy and Marine
Corps Medal" of appropriate design with accompanying ribbon,
together with a rosette or other device to be worn in place thereof —

(1) to any person who, while serving in any capacity with
the Navy or the Marine Corps, distinguishes himself by heroism
not involving actual conflict with an enemy; or

(2) to any person to whom the Secretary of the Navy, before
August 7, 1942, awarded a letter of commendation for heroism,
and who applies for that medal, regardless of the date of the
act of heroism.

(Aug. 10, 1956, ch. 1041, 70A Stat. 390.)
[See 14 U.S.C. 491, Note. Infra.]

10 U.S.C. 6386. Suspension: preceding sections

(a) The President may suspend any provision of the preceding
sections of this chapter relating to officers serving in the grade? of
lieutenant and lieutenant (junior grade) in the Navy, other than
women officers appointed under section 5590 of this title, or relating
to male officei'S serving in the grades of captain and first lieutenant
in the Marine Corps during any period when —

(1) the number of male officers serving on active duty in the
grade of ensign and above in the line of the Navy exceeds the
number of male officers on the active list in the line of the
Navy; and

(2) he determines that the needs of the service so require.

(b) Officers in the following categories are not counted as officers
serving on active duty for the purpose of clause (1) of subsection
(a) :

(1) Retired officers.

(2) Officers of the Naval Reserve assigned to active duty for
training.

[Emphasis supplied.]

163

(3) Officers of the Naval Reserve ordered to active duty in
connection with organizing, administering, recruiting, instruct-
ing, training, or drilling the Naval Reserve.

(4) Officers of the Naval Reserve ordered to temporary active
duty to prosecute special work.

(c) During a war or national emergency, the President may sus-
pend any provision of the preceding sections of this chapter. Such a
suspension may not continue byond June 30 of the fiscal year follow-
ing that in which the war or national emergency ends. (Aug. 10,
1956, ch. 1041, 70A Stat. 408.)

[See 10 U.S.C. 5234 (H. Rept. 542). Supra.']

10 U.S.C. 6408. Navy and Marine Corps ; warrant officers, W-l :

LIMITATION ON DISMISSAL

(a) No officer who holds the grade of warrant officer, W-l, may
be dismissed from the Navy or the Marine Corps except in tim.e of
war, by order of the President.

(b) The President may drop from the rolls of the Navy or the
Marine Corps any officer who holds the grade of warrant officer,
W-l, who —

(1) has been absent without authority for at least three
months; or

(2) is sentenced to confinement in a Federal or State peniten-
tiary or correctional institution after having been found guilty
of an offense by a court other than a court-martial or other mil-
itary court, and whose sentence has become final.

(Aug. 10, 1956, ch. 1041, 70A Stat. 416.)

10 U.S.C. 6481. Retired officers of the Regular Navy and Regular
Marine Corps : authority to recall

In time of war or national emergency declared by the President,
the Secretary of the Navy may order any retired officer of the Regu-
lar Navy or the Regular Marine Corps to active duty at sea or on
shore. At any other time the Secretary may order such a retired
officer to active dutv at sea or on shore only with his consent. (Aug.
10, 1956, ch. 1041, 70A Stat. 416.)

10 U.S.C. 6482. Retired enlisted members of the Regular Navy
and Regular Marine Corps : authority to recall

In time of war or national emergency the Secretary of the Nary
may order to active duty any retired enlisted member of the Regular
Navy or the Regular Marine Corps. (Aug. 10, 1956, ch. 1041, 70A
Stat. 417.)

[Emphasis supplied.]

164

10 U.S.C. 6485. Members or the Fleet Reserve and Fleet Marine
Corps Reserve : authority to recall

(a) A member of the Fleet Reserve or the Fleet Marine Corps
Reserve may be ordered by competent authority to active duty with-
out his consent —

(1) in time of war or national emergency declared by Con-
gress, for the duration of the war or national emergency and
for six months thereafter ;

(2) in time of national emergency declared by the President;

(3) when otherwise authorized by law.

(b) In time of peace any member of the Fleet Reserve or the
Fleet Marine Corps Reserve may be required to perform not more
than two months' active dutv for training in each four-year period
and shall be physically examined at least once during each four-year
period. If any member fails to report for the physical examination,
the Secretary may order any pav due that member forfeited. (Aug.
10, 1956, ch.'l041, 70A Stat."417.)

10 U.S.C. 6486. Members of the Fleet Reserve and Fleet Marine
Corps Reserve : release from active dutt

r (a) Except as provided in subsection (b), the Secretary of the
Xavy may, at any time, release any member of the Fleet Reserve or
the Fleet Marine Corps Reserve from active duty.

(b) In time of war or national emergency declared by Congress or
b>/ the President after January 1, 1953, a member of the Fleet
Reserve or the Fleet Marine Corps Reserve, without his consent,
may be released from active duty other than from active duty for
training only if —

(1) a board of officers convened at his request by an authority
designated by the Secretary recommends the release and the rec-
ommendation is approved ;

(2) the member does not request that a board be convened; or

(3) his release is otherwise authorized by law.

This subsection does not apply during a period of demobilization
or reduction m strength of the Navy or the Marine Corps. (Aug. 10,
1056, ch. 1041, 70A Stat. 417.)

10 U.S.C. 6487. Retired rear admirals: retired pat after two

TEARS OF ACTIVE DUTT

Each officer holding a permanent appointment in the grade of
roar admiral on the retired list who is entitled to the pay of the
lower half of that grade, and who, in time of war or national emer-
gency, serves satisfactorily on active dutv for two years in that
grade or in a higher grade, is thereafter entitled, when on inactive

[Emphasis supplied.]

165

duty, to retired pay equal to 75 percent of the basic pay of a rear
admiral in the upper half of that grade. (Aug. 10, 1956, ch. 1041.
70A Stat. 418.)

10 U.S.C. 6911. Aviation cadets: grade; procurement; transfer

(a) The grade of aviation cadet is a special enlisted grade in the
naval service. Under such regulations as the Secretary of the Navy
prescribes, male citizens in civil life may be enlisted as, and male
enlisted members of the naval service with their consent may be des-
ignated as, aviation cadets.

(b) Except in time of war or emergency declared by Congress, 20
percent of the avaiation cadets procured in each fiscal year shall be
procurred from qualified enlisted members of the Regular Navy and
the Regular Marine Corps.

(1) he agrees in writing that, upon his successful completion
of the course of training as an avaiation cadet, he will accept a
commission as an ensign in the Naval Reserve or a second lieu-
tenant in the Marine Corps Reserve, and will serve on active
duty as such for at least three years, unless sooner released ; and

(2) if under 21 years of age, he has the consent of his parent
or guardian to his agreement.

(d) Under such regulations as the Secretary prescribes, an avia-
tion cadet may be transferred to another enlisted grade or rating in
the naval service, released from active duty, or discharged. (Aug. 10.
1956, ch. 1041, 70A Stat. 426; July 31, 1958, Pub. L. 85-578, 72
Stat. 456.)

10 U.S.C. 7224. Transportation on naval, vessels during wartime

In time of war or during a national emergency declared by the
President, such persons as the Secretary of the Navy authorizes by
regulation may be transported and subsisted on naval vessels at
Government expense. (Aug. 10, 1956, ch. 1041, 70A Stat. 447.)

10 U.S.C. 7722. Stat of suit

(a) Whenever in time of war the Secretary of the Navy certifies
to a court, or to a judge of a court, in which a suit described in sec-
tion 7721 of this title is pending, that the prosecution of the suit
would tend to endanger the security of naval operations in the war,
or would tend to interfere with those operations, all further proceed-
ings in the suit shall be stayed.

(b) A stay under this section,' does, ijot suspend the issue of process
to take or preserve evidence td .be used in the trial or prevent the
completion of action under similar, process issued before the stay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.) ;

[Emphasis supplied.]

166

10 U.S.C. 7724. Stat of proceedings for taking evidence before

SUIT IS FILED

(a) If in time of war, with respect to any claim against the
United States on which a suit described in section 7721 of this title
would lie, the Secretary of the Navy certifies to the court, or to a
judge of the court, in which proceedings are pending for —

( 1 ) the granting of a dedimus potestatem to take depositions ;

(2) a direction to take depositions in perpetuam rei raemo-
riam ; or

(3) the taking of depositions or production of evidence pur-
suant to such dedimus potestatem or direction, or pursuant to
any other proceedings for the purpose ;

that the proceedings would tend to endanger the security of the
United States or any of its naval or military operations in the war,
or would tend to interfere with those operations, then the proceed-
ings may not be started or, if they have been started, they shall,
when the certificate is filed, be stayed.

(b) The time during which a claimant may file suit of the type
described in section 7721 of this title is computed by excluding the
time during which a stay under this section or any extension of such
a stay is in effect. (Aug. 10, 1956, ch. 1041, 70A Stat. 484.)

10 U.S.C. 7727. Duration of stay

A stay of proceedings under this chapter remains in effect for the
period specified in the certificate upon which it was based unless the
Secretary of the Navy issues a new certificate under section 7725 or
7726 of this title changing the termination date. However, a stay
under this chapter may not remain in force longer than six months
after the cessation of hostilities. (Aug. 10, 1956, ch. 1041. 70A Stat.
485.)

— N.0 T E —

Excerpt from House Kept. 1681, 78th Congress, 2d Sess. (1944)
purpose

The general purpose of the bill, S. 1173 is to provide
that, in time of war, proceedings against the United States
under the Public Vessels Act and proceedings to take testi-
mony shall be stayed, when the Secretary of the Navy shall
certify to the court in which such suit is pending that the
prosecution of any such suit or proceeding would tend to
endanger the security of naval operations in such war, or
interfere with such operations, for a period until 6 months
after the cessation of hostilities in such war or until such
earlier time as may be stated in the certificate.
[Emphasis supplied.]

167

EXPLANATION

The Public Vessels Act (46 U.S.C. 781, et seq.), passed in
1925, authorizes suits against the United States for damage
caused by public vessels of the United States.

Section 1 of the bill S. 1173 provides that, if the Secre-
tary of the Navy certifies to the court in which the suit is
pending that the prosecution of such suit would tend to
endanger the security of naval operations in such war, or
interfere with such operations, all further proceedings in
such suit shall forthwith be stayed until 6 months after the
cessation of hostilities in such war, or until such earlier
date as may be stated in such certificate. This section also
provides that if, in pending suits, the Secretary files a fur-
ther certificate, then any proceedings to take testimony or
preserve evidence for use in the case shall be stayed in a
manner similar to other proceedings in the case.

Section 2, as far as procedure is concerned, is to the same
effect as section 1. This section relates to court proceedings
undertaken in advance of the filing of any suit or plead-
ings. It particularly affects the practice under which, prior
to the commencement of actual litigation, a court, order pre-
viously might be obtained to take and preserve the testi-
mony of some witness, whose testimony may become impor-
tant in the event of future litigation.

Sections 1 and 2 give the Secretary of the Navy absolute
authority to have litigation against the United States under
the Public Vessels Act stayed in keeping with the terms of
his certificate. When such certificate is filed, it will be the
duty of the court to enter an order in keeping with the cer-
tificate; the situation will not be a matter for the court to
determine in its discretion.

Section 3 defines the "vessels of the Navy or in the naval
service," to which the bill relates.

*******

NEED FOR LEGISLATION

The above provisions affect admiralty litigation against
the United States under the Public Vessels Act only in the
situation where the Secretary of the Navy files a certificate.
This legislation has been urged by the Navy Department as
of very considerable importance in preventing possible dis-
closure in litigation of information which would be of great
value to the enemy. This act would preclude the develop-
ment and recording through litigation of date of security
importance, which is intended to be subject to the control of
the Navy Department alone.

168

The committee is informed that, by virtue of waiver
agreements contained in the new charter parties under
which the American merchant marine is operated by the
War Shipping Administration, which were effective May
15, 1944, future collision claims of privately owned mer-
chant vessels of the United States against naval vessels are
waived. This bill, therefore, will have little application to
the American merchant marine because of the waiver of
claims. Security considerations ordinarily would not exist in
connection with collisions with harbor craft and nonchar-
tered American vessels. There are now pending certain other
waiver agreements similar to those which the American
merchant marine has entered into. In order to become a
party to these waiver agreements, the Navy Department
needs to have its authority to make settlements increased.
The settlement authorization increase, as recommended by
the committee's amendment, will facilitate the Navy
Department's entering into the waiver agreements, which
are under consideration at this time, and therebv eliminate
prospective future litigation. The extent to which litigation
is eliminated by waiver agreements and settlements makes
the provisions for a stay contained in this bill unnecessary,
and interference with naval operations and leakage of secu-
rity information are thereby avoided. This consideration is
an additional factor in the committee's recommending the
increase of the authorization over the net payment of
$100,000 contained in S. 1173.

10 U.S.C. 8031. Composition.: assignment and detail of members

OF AIR FORCE AND CIVILIANS

(a) There is in the executive part of the Department of the Air
Force an Air Staff consisting of —

(1) the Chief of Staff;

(2) the Vice Chief of Staff;

(3) not more than five Deputy Chiefs of Staff ;

(4) other members of the Air Force assigned or detailed to
the Air Staff ; and

(5) civilians in the Department of the Air Force assigned or
detailed to the Air Staff.

(b) The Air Staff shall be organized in such manner, and its
members shall perform such duties and have such titles, as the Sec-
retary may prescribe.

(c) Not more than 2.800 officers of the Air Force mav be assigned
or detailed to permanent duty in the executive part of the Depart-
ment of the Air Force. However, this limitation does not apply in
time of war, or of national emergency declared by Congress, or
whenever the President finds that it is in the national interest to
increase the number of officers in the executive part of the Depart-

[Emphasis supplied.]

169

ment. The Secretary shall report annually to Congress the number
of officers in the executive part of the Department of the Air Force
and the justification therefor.

(d) No commissioned officer who is assigned or detailed to duty in
the executive part of the Department of the Air Force may serve
for a tour of duty of more than four years. However, the Secretary
may extend such a tour of duty if he makes a special finding that
the extension is necessary in the public interest. No officer may be
assigned or detailed to duty in the executive part of the Department
of the Air Force within two years after relief from that duty,
except upon a special finding by the Secretary that the assignment
or detail is necessary in the public interest. This subsection does not
apply in time of war, or of national emergency declared by Con-
gress. (Aug. 10, 1956, ch. 1041, 70A Stat. 490; Nov. 2, 1966, Pub. L.
89-718, § 45, 80 Stat. 1121.)

10 U.S.C. 8304. Chief of Staff: appointment; duties

(a) The Chief of Staff shall be appointed for a period of four
years by the President, by and with the advice and consent of the
Senate, from the general officers of the Air Force. He serves during
the pleasure of the President. In time of war or national emergency
declared by the Congress after December 31, 1968, he may be reap-
pointed for a term of not more than four years.

(c) Except as otherwise prescribed by law and subject to section
8012 (c) and (d) of this title, the Chief of Staff performs his duties
under the direction of the Secretary of the Air Force, and is
directly responsible to the Secretary for the efficiency of the Air
Force, its preparedness for military operations, and plans therefor.

(d) The Chief of Staff shall—

( 1 ) preside over the Air Staff ;

(2) send the plans and recommendations of the Air Staff to
the Secretary, and advise him with regard thereto ;

(3) after approval of the plans or recommendations of the
Air Staff by the Secretary, act as the agent of the Secretary in
carrying them into effect;

(4) exercise supervision over such of the members and organi-
zations of the Air Force as the Secretary of the Air Force
determines. Such supervision shall be exercised in a manner con-
sistent with the full operational command vested in unified or
specified combatant commanders under section 124 of this title.

(5) perform the duties prescribed for him by sections 141 and
171 of this title and other provisions of law ; and

(6) perform such other military duties, not otherwise
assigned by law, as are assigned to him by the President.

[Emphasis supplied.]

170

(Aug. 10, 1956, ch. 1041, 70A Stat. 492; Aug. 6, 1958, Pub. L.
85-599, § 4 (d), (e), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87-651,
title I, § 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV,
§ 403, 81 Stat. 53.)

[See 10 U.S.C. 3034, Note. Supra.]

10 U.S.C. 8202. Am Force : officers in certain commissioned grades

(a) The authorized strength of the Air Force in officers on active
duty in each of the following grades on the last day of each fiscal
year, exclusive of officers on active duty for training only and
officers serving with other departments or agencies on a reimbursable
basis, is, except as provided in subsections (e) and (f), based on the
actual strength of the Air Force in those officers, as follows :

The authorized strength in grade is —

If the actual

strength 1 is — For For For For

general colonels lieutenant majors

officers colonels

50,000 _:_ 312 3,133 6,065 9,455

60,000 324 3,540 6,822 11,298

70,000 J. 336 3,857 7,427 13,125

80,000 ,:. 349 4,107 7,920 14,936

90,000 _'_ 363 4,299 8,316 16,740

100,000 380 4,440 8,620 18,530

110,000 398 4,750 9,350 20 295

120,000 416 5,020 10,056 22,056

130,000 434 5,273 10,725 23,803

140,000 .". 452 5,484 11,368 25,536

150,000 470 5,665 12,000 27 255

160 000 478 5,842 12,608 28 976

170 000 '_ 486 5,974 13,175 30,685

180,000 495 6,075 13,716 32,328

1 As determined by the Secretary of the Air Force.

If the actual strength is determined to be between two of the figures
named in the first column of the table, the corresponding authorized
strengths in grade are determined by mathematical interpolation
between the respective authorized strengths named in the table. If it
is determined to be more than 180,000, the Secretary shall fix the
corresponding authorized strengths in grade in general conformity
with the table.

(b) Not more than one-half of the general officer strength may be
in grades above brigadier general.

(d) In time of war, or of national emergency declared after May 5,
1951,, by Congress or the President, the President may suspend the
operation of any provision of this section.

[Emphasis supplied.]

171

(e) The authorized strengths of the Air Force in officers who are
designated as medical or dental officers of the Air Force in grades
below brigadier general shall be based on the needs of the Air Force
as determined by the Secretary under regulations to be prescribed by
the Secretary of Defense.

(f) In determining the authorized strength of the Air Force
under subsection (a), the strengths authorized for those who are des-
ignated as medical or dental officers of the Air Force shall be
excluded. (Aug. 10, 1956, ch. 1041, 70A Stat. 498 ; Sept. 2, 1958, Pub.
L. 85-861, §1(158). 72 Stat. 1514; Dec. 28, 1967, Pub. L. 90-228,
§1(4), (5), 81 Stat. 745.)

10 U.S.C. 8212. Regular Aik Force; Air Force Reserve; Air Na-
tional Guard of United States : strength in grade ; temporary
increases

The authorized strength in any regular or reserve grade, as pre-
scribed by or under this chapter, is automatically increased to the
minimum extent necessary to give effect to each appointment made
in that grade under section 541, 1211(a), 8298, 8299, 8365 (a) and
(c), 8366 (a) and (d), 8375, 8376, 8380, 8381, or 9353, of this title. An
authorized strength so increased is increased for no other purpose,
and while he holds that grade the officer whose appointment caused
the increase is counted for the purpose of determining when other
appointments, not under those sections, may be made in that grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 501; Aug. 21, 1957, Pub. L.
85-155, title III, § 301(3), 71 Stat. 386; Sept. 2, 1958, Pub. L.
85-861, § 1(163), 72 Stat. 1515; June 30, 1960, Pub. L. 86-559, § 1(48),
74 Stat. 275.)

*******

10 U.S.C. 8257. Regular Air Force: aviation cadets;
qualifications, grade, limitations

(a) The grade of aviation cadet is a special enlisted grade in the
Regular Air Force.

(b) Any male citizen of the United States may be enlisted as an
aviation cadet, if he is otherwise qualified.

(c) Any male enlisted member of the Regular Air Force who is
otherwise qualified may be designated, with his consent, as an avia-
tion cadet by the Secretary of the Air Force.

(d) Except in time of war or of emergency declared by Congress,
at least 20 percent of the aviation cadets designated in each fiscal
year shall be selected from members of the Regular Air Force or the
Regular Army who are eligible and qualified. No person may be
enlisted or designated as an aviation cadet unless —

(1) he agrees in writing that, upon his successful completion
of the course of training as an aviation cadet, he will accept a

[Emphasis supplied.]

172

commission as second lieutenant in the Air Force Reserve, and
will serve on active duty as such for a period of three years,
unless sooner released ; and

(2) if under 21 years of age, he has the consent of his parent
or guardian to his agreement,
(e) While on active duty, an aviation cadet is entitled to uni-
forms, clothing, and equipment at the expense of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 504; Sept. 2, 1958, Pub. L. 85-
861, § 33 (a) (37), 72 Stat. 1566.)

10 U.S.C. 8313. Suspension of laws for promotion or mandatory

RETIREMENT OR SEPARATION DOTING WAR OR EMERGENCY

In time of war, or of emergency declared by Congress or the Pres-
ident, the President may suspend the operation of any provision of
law relating to promotion, or mandatory retirement or separation, of
commissioned officers of the Regular Air Force. (Aug. 10, 1956, ch.
1041, 70A Stat. 519. )

10 U.S.C. 8395. During war

In addition to appointments in time of war under chapter 839 of
this title, appointments of reserve officers may be made in time of
war. (Aug. 10, 1956, ch. 1041, 70A Stat. 521.)

10 U.S.C. 8444. Commissioned officers: during war or emergency

(a) In time of emergency declared by Congress or the President,
and in time of war, the President may appoint any qualified person,
including a person who is not a Regular or Reserve, in any tempo-
rary commissioned grade.

(b) An officer appointed under subsection (a) may be ordered to
active duty for such period as the President prescribes.

(c) Unless sooner vacated, an appointment under subsection (a) is
effective during the war or emergency in which it is made and for
six months thereafter.

(d) For the purposes of determining grade, position on a promo-
tion list, seniority in temporary grade, and eligibility for promotion,
each medical or dental officer of the Air Force who is appointed in a
temporary grade under subsection (a) with a view to designation as
a medical or dental officer shall, when he enters on active duty, be
credited with the constructive service authorized by section 8294 (b)
of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958,
Pub. L. 85-861, § 1 (180) (A), 72 Stat 1532.)

[Emphasis supplied.]

173

10 U.S.C. 8445. Officers : additional appointments ddbing war

OR EMERGENCY

(a) In addition to appointments authorized under section 8442 of
this title, in time of war, or of national emergency declared by the
President, a regular officer or a reserve warrant officer may be
appointed in a temporary grade that is higher than his regular or
reserve grade, without vacating that grade.

(b) In addition to appointments authorized under subsection (a)
of this section, and sections 8442 and 8444 of this title, in time of
war a person who holds no commissioned grade in the Regular Air
Force may be appointed in any temporary commissioned grade.

(c) Unless sooner vacated, the appointment of an officer under
subsection (b), except a member of the Regular Air Force, is
effective during the war in which it is made and for six months
thereafter.

(d) Each officer appointed under subsection (b) shall, unless he is
a member of the Regular Air Force, be relieved from active duty, at
his request, within six months after the termination of the war.
(Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958, Pub. L.
85-861, § 1 (180) (B), 72 Stat. 1532.)

[See 10 U.S.C. 3445 (Senate Rept. 2484) . Supra.']

10 U.S.C. 8500. Air National Guard in Federal Service: call
Whenever —

(1) the United States, or any of the Territories, Common-
wealths, or possessions, is invaded or is in danger of invasion
by a foreign nation ;

(2) there is a rebellion or danger of a rebellion against the
authority of the Government of the United States ; or

(3) the President is unable with the regular forces to execute
the laws of the United States ;

the President may call into Federal service members and units of
the Air National Guard of any State or Territory, Puerto Rico, the
Canal Zone, or the District of Columbia in such numbers as he con-
siders necessary to repel the invasion, suppress the rebellion, or exe-
cute those laws. Orders for these purposes shall be issued through
the governors of the States, the Territories, Puerto Rico, and the
Canal Zone, and, in the District of Columbia, through the command-
ino- general of the National Guard of the District of Columbia.
(Aug. 10, 1956, ch. 1041, 70 A Stat. 525.)

*******

10 U.S.C. 8741. Medal of honor: award

The President may award, and present in the name of Congress, a
medal of honor of appropriate design, with ribbons and appurte-

[Emphasis supplied.]

24-509 O - 73 - 13

174

nances, to » person who, while a member of the Air Force, distin-
guishes himself conspicuously by gallantry and intrepidity at the
risk of his life above and beyond the call of duty —

(1) while engaged in an action against an enemy of the
United States;

(2) while engaged in military operations involving conflict
with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 25, 1963, Pub. L.
88-77, §3(1), 77 Stat. 94.)

[See 14 U.S.C. 491, Note. Infra.}

10 U.S.C. 8742. Air Force cross: award

The President may award an Air Force cross of appropriate
design, with ribbons and appurtenances, to a person who, while serv-
ing in any capacity with the Air Force, distinguishes himself by
extraordinary heroism not justifying the award of a medal of
honor —

(1) while engaged in an action against an enemy of the
United States;

(2) while engaged in military operations involving conflict
with an opposing foreign force; or

(3) whUe serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 6, 1960, Pub. L.
86-593, § 1(1), 74 Stat. 331; July 25, 1963, Pub. L. 88-77, § 3(2),
77 Stat. 94.)

[See 14 U.S.C. 491, Note. Infra.]

10 U.S.C. 8746. Silver star: award

The President may award a silver star of appropriate design, with
ribbons and appurtenances, to a person who, while serving in any
capacity with the Air Force, is cited for gallantry in action that
does not warrant a medal of honor or Air Force cross

(1) while engaged in an action against an enemy of the
United States;

(2) while engaged in military operations involving conflict
with an opposing foreign force ; or

(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
united estates u not a belligerent party.

s^mW77%^lf' 70A stat- 541; Jul* 25' 1963> ™- L-

[See 14 U.S.C. 491, Note. Infra,]

[Emphasis supplied.]

175

10 TJ.S.C. 8750. Airman's Medal: award; limitations

(a) The President may award a decoration called the "Airman's
Medal", of appropriate design with accompanying ribbon, to any
person who, while serving in any capacity with the Air Force, dis-
tinguishes himself by heroism not involving actual conflict with an
enemy.

(b) Not more than one Airman's Medal may be awarded to a
person. However, for each succeeding act that would otherwise jus-
tify the award of such a medal, the President may award a suitable
bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041T
70A Stat. 542; July 6, 1960, Pub. L. 86-593, § 1(6), 74 Stat. 332.)

[See 14 U.S.C. 491, Note. Infra.]

10 U.S.C. 9022. Contract surgeons

(a) In an emergency the Secretary of the Air Force may employ
as many contract surgeons as may be necessary.

(b) When a contract surgeon is in charge of an Air Force hospi-
tal, he has the same authority as a medical officer. (Aug. 10, 1956,
ch. 1041, 70A Stat. 558.)

10 U.S.C. 9025. Production of supplies and munitions: hours

AND PAT OF LABORERS AND MECHANICS

During a national emergency declared by the President, the regu-
lar working hours of laborers and mechanics of the Department of
the Air Force producing military supplies or munitions are 8 hours
a day or 40 hours a week. However, under regulations prescribed by
the Secretary of the Air Force these hours may be exceeded. Each
laborer or mechanic who works more than 40 hours in a workweek
shall be paid at a rate not less than one and one-half times the regu-
lar hourly rate for each hour in excess of 40. (Aug. 10, 1956, ch.
1041, 70A Stat. 558.)

10 U.S.C. 9441. Status: support bt Air Force; employment

(a) The Civil Air Patrol is a volunteer civilian auxiliary of the
Air Force.

(b) To assist the Civil Air Patrol in the fulfillment of its objec-
tives as set forth in section 202 of title 36, the Secretary of the Air
Force may, under regulations prescribed by him with the approval
of the Secretary of Def ense —

(1) give, lend, or sell to the Civil Air Patrol without regard
to the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 471 et seq.)—

(A) major items of equipment, including aircraft, motof
vehicles, and communication equipment; and

[Emphasis supplied.]

176

( B ) necessary related supplies and training aids ;
that are excess to the military departments;

(2) permit the use of such services and facilities of the Air
Force as he considers to be needed by the Civil Air Patrol to
carry out its mission ;

(3) furnish such quantities of fuel and lubricants to the Civil
Air Patrol as are needed by it to carry out any mission assigned
to it by the Air Force ;

(4) establish, maintain, and supply liaison offices of the Air
Force at the National, State, and Territorial headquarters, and
at not more than eight regional headquarters, of the Civil Air
Patrol ;

(5) detail or assign any member of the Air Force or any
officer or employee of the Department of the Air Force to any
liaison office at the National, State, or Territorial headquarters,
and at not more than eight regional headquarters, of the Civil
Air Patrol ;

(6) detail any member of the Air Force or any officer or
employee of the Department of the Air Force to any unit or
installation of the Civil Air Patrol to assist in the training pro-
gram of the Civil Air Patrol ; and

(7) in time of war, or of national emergency declared after
May %7, 1954, by Congress or the President, authorize the pay-
ment of travel expenses and allowances, in accordance with the
Travel Expense Act of 1949 (5 U.S.C. 835 et seq.), to members
of the Civil Air Patrol while carrying out any mission specifi-
cally assigned by the Air Force.

(c) The Secretary may use the services of the Civil Air Patrol in
fulfilling the noncombat mission of the Department of the Air
Force. (Aug. 10, 1956, ch. 1041, 70A Stat. 572.)

10 TJ.S.C. 9501. Industrial mobilization: orders; priorities;

POSSESSION OF MANUFACTURING PLANTS ; VIOLATIONS

(b) A person or industry with whom an order is placed under
subsection (a), or the responsible head thereof, shall comply with
that order and give it precedence over all orders not placed under
that subsection.

(c) In time of war or when war ix imminent, the President
through the head of any department, may take immediate possession
of any plant that is equipped to manufacture, or that in the opinion
of the Secretary of the Air Force is capable of being readily trans-
formed into a plant for manufacturing, arms or ammunition, parts

[Emphasis supplied.]

177

thereof, or necessary supplies for the Air Force, if the person or
industry owning or operating the plant, or the responsible head
thereof, refuses —

(1) to give precedence to the order as prescribed in subsection
0>) ;

(2) to manufacture the kind, quantity, or quality of arms or
ammunition, parts thereof, or necessary supplies as ordered by
the Secretary ; or

(3) to furnish them at a reasonable price as determined by
the Secretary.

(d) The President, through the Secretary, may manufacture prod-
ucts that are needed in time of war or when war is imminent, in any
plant that is seized under subsection (c) .

(e) Each person or industry from whom products or materials are
ordered under subsection (a) is entitled to a fair and just compensa-
tion. Each person or industry whose plant is seized under subsection
(c) is entitled to a fair and just rental.

(f ) Whoever fails to comply with this section shall be imprisoned
for not more than three years and fined not more than $50,000.
(Aug. 10, 1956, ch. 1041, 70A Stat. 573.)

10 U.S.C. 9502. Industrial mobilization : plants ; lists ; Board on
Mobilization of Industries Essential for Military Prepared-
ness

(a) The Secretary of the Air Force shall maintain a list of all
privately owned plants in the United States, and the Territories,
Commonwealths, and possessions, that are equipped to manufacture
for the Air Force arms or ammunition, or parts thereof, and shall
obtain complete information of the kinds of those products manu-
factured or capable of being manufactured by each of those plants,
and of the equipment and capacity of each of those plants.

(b) The Secretary shall maintain a list of privately owned plants
in the United States, and the Territories, Commonwealths, and pos-
sessions, that are capable of being readily transformed into factories
for the manufacture of ammunition for the Air Force, and that
have a capacity sufficient to warrant conversion into ammunition
plants in time of war or when war is imminent, and shall obtain
complete information as to the equipment of each of those plants.

(c) The Secretary shall prepare comprehensive plans for convert-
ing each plant listed pursuant to subsection (b) into a factory for
the manufacture of ammunition or parts thereof.

(d) The President may appoint a nonpartisan Board on Mobiliza-
tion of Industries Essential for Military Preparedness, and may
provide necessary clerical assistance to organize and coordinate oper-
ations under this section and section 9501 of this title. (Aug. 10,
1956, ch. 1041, 70A Stat. 574.)

[Emphasis snpplied.]

178

— N O T E —

Excerpt fbom House Rept. 297, 64th Cong., 2d Sess. (1916)

The committee has also provided in this bill for the mobi-
lization of industries and the utilization of the commercial
and industrial resources of the country for war purposes.
This subject has engaged the attention and has been under-
taken in all the countries now engaged in war. The section
in the bill has been worked out by the War College Divi-
sion, General Staff Corps, and in the opinion of the com-
mittee is a very essential part of any plan looking to
preparedness.

10 U.S.C. 9591. Utilities: proceeds from overseas operations

During actual or threatened hostilities, proceeds from operating a
public utility in connection with operations of the Air Force in the
field overseas are available for that utility until the close of the
fiscal vear following that in which they are received. (Aug. 10, 1956,
ch. 1041, 70A Stat. 578.)

10 U.S.C. 9742. Control of transportation systems in time of war

In time of war, the President, through the Secretary of the Air
Force, may take possession and assume control of all or part of any
system of transportation to transport troops, war material, and
equipment, or for other purposes related to the emergency. So far as
necessary, he may use the system to the exclusion of other traffic.
(Aug. 10, 1956, ch. 1041, 70A Stat. 587.)

10 U.S.C. 9773. Acquisition and construction : air bases and depots

(a) The Secretary of the Air Force shall determine the sites of
such additional permanent air bases and depots in all strategic areas
of the United States and the Territories, Commonwealths, posses-
sions, and holdings as he considers necessary. He shall determine
when the enlargement of existing air bases and depots is necessary
for the effective peacetime training of the Air Force.

(b) In determining the sites of new air bases and depots, the Sec-
retary shall consider the following regions for the purposes indi-
cated—

(1) the Atlantic northeast, for training in cold weather and
in fog;

(2) the Atlantic southeast, and Caribbean areas, for training
in long-range operations, especially those incident to reinforcine
the defenses of the Panama Canal ;

[Emphasis supplied.]

179

(3) the southeastern United States, to provide a depot neces-
sary to maintain the Air Force;

(4) the Pacific northwest, to establish and maintain air com-
munication with Alaska ;

(5) Alaska, for training under conditions of extreme cold ;

(6) the Rocky Mountain area, to provide a depot necessary to
maintain the Air Force, and for training in operations from
fields in high altitudes; and

(7) other regions, for the establishment of intermediate air
bases to provide for transcontinental movements of the Air
Force for maneuvers.

(c) In selecting sites for air bases and depots covered by this sec-
tion and in determining the alteration or enlargement of existing air
bases or depots, the Secretary shall consider the need —

(1) to form the nucleus for concentration of Air Force units
in time of war ;

(2) to permit, in time of peace, training and effective plan-
ning in each strategic area for the use and expansion of com-
mercial, municipal, and private flying installations in time of
war;

(3) to locate, in each strategic area in which it is considered
necessary, adequate storage facilities for munitions and other
articles necessary to facilitate the movement, concentration,
maintenance, and operation of the Air Force ; and

(4) to afford the maximum warning against surprise attack
by enemy aircraft upon aviation of the United States and its
necessary installations consistent with maintaining, in connec-
tion with existing or contemplated landing fields, the full power
of the Air Force for operations necessary in the defense of the
United States, and in the defense and reinforcement of the Ter-
ritories, Commonwealths, possessions, and holdings.

(d) In carrying out this section, the Secretary, on behalf of the
United States, may acquire title, in fee simple and free of encum-
brance, to any land that he considers necessary —

( 1 ) by accepting title without cost to the United States ;

(2) by exchanging military reservations or parts thereof for
that land, upon the written approval of the President ; or

(3) by purchase or condemnation, if acquisition by gift or
exchange is impracticable.

(e) The Secretary may, by purchase, gift, lease, or otherwise,
acquire at desired locations bombing and machine gun ranges neces-
sary for practice by, and the training of, tactical units.

(f ) At each air base or depot established under this section, the
Secretary shall remove or remodel existing structures as necessary;
do necessary grading; and provide buildings, utilities, communica-
tion systems, landing fields and mats, roads, walks, aprons, docks,
runways, facilities for the storage and distribution of ammunition,
fuel, oil, necessary protection against bombs, and all appurtenances
to the foregoing.

[Emphasis supplied.]

180

(g) The Secretary may direct the transportation, of personnel, and
the purchase, renovation, and transportation of material that he con-
siders necessary to carry out this section. (Aug. 10, 1956, ch. 1041,
70A Stat. 588.)

10 U.S.C. 9776. Emergency construction : fortifications

// m an emergency the President considers it urgent, a temporary
air base or fortification may be built on private land if the owner
consents in writing. (Aug. 10, 1956, ch. 1041, 70A Stat. 591; Sept. 1,
1970, Pub. L. 91-393, § 5, 84 Stat. 835.)

10 U.S.C. 9780. Acquisition of buildings in District of Columbia

(a) In time of war or when war is imminent, the Secretary of the
Air Force may acquire by lease any building, or part of a building,
in the District of Columbia that may be needed for military pur-
poses.

(b) At any time, the Secretary may, for the purposes of the
Department of the Air Force, requisition the use and take possession
of any building or space in any building, and its appurtenances, in
the District of Columbia, other than —

( 1 ) a dwelling house occupied as such ;

(2) a building occupied by any other agency of the United
States ; or

(3) space in such a dwelling house or building.

The Secretary shall determine, and pay out of funds appropriated
for the payment of rent by the Department of the Air Force, just
compensation for that use. If the amount of the compensation is not
satisfactory to the person entitled to it, the Secretary shall pay 75
percent of it to that person, and the claimant is entitled to recover
by action against the United States an additional amount that, when
added to the amount paid by the Secretary, is determined by the
court to be just compensation for that use. (Added Pub. L. 85-861,
§ 1(203) (A), Sept. 2, 1958,72 Stat. 1542.)

Title 12 — Banks and Banking

12 U.S.C. 95. Emergency limitations and restrictions ox business
of members of Federal reserve system

In order to provide for the safer and more effective operation of
the national banking system and the Federal reserve system, to
preserve for the people the full benefits of the currency provided' for
by the Congress through the national banking system and the Fed-
eral reserve system, and to relieve interstate commerce of the bur-
dens and obstructions resulting from the receipt on an unsound or
unsafe basis of deposits subject to withdrawal by check, during such

[Emphasis supplied.]

181

emergency period as the President of the United States by procla-
mation may prescribe, no member bank of the Federal reserve
system shall transact any banking business except to such extent and
subject to such regulations, limitations, and restrictions as may be
prescribed by the Secretary of the Treasury, with the approval of
the President. Any individual, partnership, corporation, or associa-
tion, or any director, officer, or employee thereof, violating any of
the provisions of this section shall be deemed guilty of a misde-
meanor and, upon conviotion thereof, shall be fined not more than
$10,000 or, if a natural person, may, in addition to such fine, be
imprisoned for a term not exceeding ten years. Each day that any
such violation continues shall be deemed a separate offense. (Mar. 9,
1933, ch. 1, title I, § 4, 48 Stat. 2.)

12 TJ.S.C. 95a. Regulation of transactions in foreign exchange of

GOLD AND SILVER; PROPERTY TRANSFERS; VESTED INTERESTS,
ENFORCEMENT AND PENALTIES

(1) During the time of war or during any otlier period of
national emergency declared by the President, the President may,
through any agency that he may designate, or otherwise, and under
such rules and regulations as he may prescribe, by means of instruc-
tions, licenses, or otherwise —

(A) investigate, regulate, or prohibit any transactions in for-
eign exchange, transfers of credit or payments between, by,
through, or to any banking institution, and the importing,
exporting, hoarding, melting, or earmarking of gold or silver
coin or bullion, currency or securities, and

(B) investigate, regulate, direct and compel, nullify, void,
prevent or prohibit, any acquisition holding, withholding, use,
transfer withdrawal, transportation, importation or exportation
of, or dealing in, or exercising any right, power, or privilege
with respect to, or transactions involving, any property in which
any foreign country or a national thereof has any interest,

by any person, or with respect to any property, subject to the juris-
diction of the United States; and any property or interest of any
foreign country or national thereof shall vest, when, as, and upon
the terms, directed by the President, in such agency or person as
may be designated from time to time by the President, and upon
such terms and conditions as the President may prescribe such inter-
est or property shall be held, used, administered, liquidated, sold, or
otherwise dealt with in the interest of and for the benefit of the
United States, and such designated agency or person may perform
any and all acts incident to the accomplishment or furtherance of
these purposes; and the President shall, in the manner hereinabove
provided, require any person to keep a full record of, and to furnish
under oath, in the form of reports or otherwise, complete informa-
tion relative to any act or transaction referred to in this section
either before, during, or after the completion thereof, or relative to
any interest in foreign property, or relative to any property in
[Emphasis supplied.]

182

which any foreign country or any national thereof has or has had
any interest, or as may be otherwise necessary to enforce the provi-
sions of this section, and in any case in which a report could be
required, the President may, in the manner hereinabove provided,
require the production, or if necessary to the national security or
defense, the seizure, of any books of account, records, contracts, let-
ters, memoranda, or other papers, in the custody or control of such
person ; and the President may, in the manner hereinabove provided,
take other and further measures not inconsistent herewith for the
enforcement of this section.

(2) Any payment, conveyance, transfer, assignment, or delivery of
property or interest therein, made to or for the account of the
United States, or as otherwise directed, pursuant to this section or
any rule, regulation, instruction, or direction issued hereunder shall
to the extent thereof be a full acquittance and discharge for all pur-
poses of the obligation of the person making the same; and no
person shall be held liable in any court for or in respect to anything
done or omitted in good faith in connection with the administration
of, or in pursuance of and in reliance on, this section, or any rule,
regulation, instruction, or direction issued hereunder.

(3) As used in this section the term "United States" means the
United States and any place subject to the jurisdiction thereof : Pro-
vided, however, That the foregoing shall not be construed as a limi-
tation upon the power of the President, which is conferred, to pre-
scribe from time to time, definitions, not inconsistent with the
purposes of this section, for any or all of the terms used in this sec-
tion. Whoever willfully violates any of the provisions of this section
or of any license, order, rule or regulation issued thereunder, shall,
upon conviction, be fined not more than $10,000, or, if a natural
person, may be imprisoned for not more than ten years, or both ; and
any officer, director, or agent of any corporation who knowingly
participates in such violation may be punished by a like fine, impris-
onment, or both. As used in this section the term "person" means an
individual, partnership, association, or corporation. (Oct. 6, 1917, ch.
106, § 5(b), 40 Stat. 415; Sept. 24, 1918, ch. 176, § 5, 40 Stat. 966;
Mar. 9, 1933, ch. 1, title I, § 2, 48 Stat. 1; May 7, 1940, ch. 185, § 1,
54 Stat. 179; Dec. 18, 1941, ch. 593, title Ul, § 301, 55 Stat 839;
Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 69 Stat. 1352.)

—NOTE-
TRADING With the Enemy Act op 1917

The Trading with the Enemy Act of 1917 has been
amended frequently, and in the process its original purpose
and effect have been altered significantly. The Act was orig-
inally intended to "define, regulate and punish trading with
the enemy." 40 Stat. 415. Directed primarily to meeting the
exigencies of World War I, its drafters intended the Act to
remain on the books for future war situations. 55 Cong.
Rec. 4908. Accordingly, when other war powers were termi-

[ Emphasis supplied.]

183

nated in 1921 an exception was made for the Act and it
remained valid law. 41 Stat. 1359 (the Knox Resolution).

On March 5, 1933, President Roosevelt relied on Sec. 5(b)
of the Trading with the Enemy Act as authority for his
Proclamation 2039 which closed all banks for five days.
This was clearly a time of financial crisis, not of war, and
hence was not within the literal terms and purposes of the
Act. Congress rectified the situation five days later when it
ratified the President's proclamation and amended Sec. 5(b)
to give the President the broad wartime powers of that sec-
tion in times of declared national emergency as well. 48
Stat. 1. The desperate economic circumstances of the time
dictated the passage of this sweeping change — after only
eight hours of Congressional consideration.

Roosevelt relied on Section 5(b) again in 1939 when he
restricted all transfers of currency and credit between the
United States and German-occupied Denmark and Norway.
Executive Order 8389. This action was subsequently
approved and the President's exact powers clarified by Con-
gress, resolving whatever questions may have remained
about Congressional intentions to restrict the application of
48 Stat. 1 to either the economic emergency or to actual
wars. 54 Stat. 179. This set the legal stage, then, to invoke
presidential powers under the Trading with the Enemy Act
in wartime or pursuant to any declaration of national
peacetime emergency.

The next time these powers were involved was during
World War II (with a slight Congressional modification —
see 55 Stat. 838.) A major expansion of Presidential
authority was effected with the imposition of consumer
credit controls (Executive Order 8843) by interpreting
"banking institutions" as used in Sec. 5(b) to include any
person engaged in the business of making extensions of
credit. Subsequent Congressional action has reaffirmed this
power, too, in times of war or national emergency. 12 U.S.C.
249.

Another declaration of national emergency was made in
Proclamation 2914 of December 16, 1950 during the Korean
War. Trading with the Enemy Act powers were exercised
pursuant to this proclamation throughout the war. Because
the state of emergency so declared has never been termi-
nated, however, this proclamation has continued to serve as
the basis for invocation of powers under the Act. Most
notably, President Johnson used Sec. 5(b) as authority for
Executive Order 11837 of January 1, 1968, imposing con-
trols over transfers of private capital to foreign countries.
(On the validity of this action, see Opinion of the Attorney
General, February 3, 1968).

On August 15, 1971, President Nixon, in Proclamation
4074, declared an emergency concerning America's declining
worldwide economic position. He imposed an import sur-

[Emphasis supplied.]

184

charge and devalued the dollar, among other things. One
year later, when the Export Control Act lapsed for a
month, he invoked Sec. 5(b) to regulate exports, basing his
authority to do so both on his Proclamation 4074 and on
President Truman's proclamation of 1950.

The current law, which has thus accreted over a period of
50 years, gives the President a wide range of powers, but
only in time of war or declared national emergency.
Although the Korean war has ended, these powers are being
exercised solely on the basis of the 1950 emergency; or, on
the basis of the President's unilaterally designating as
"emergencies" situations which have only the most tenuous
relationship to the serious national crises for which the
Trading with the Enemy Act was originally intended. The
President, with the approval of Congress, has thus used as
authority for extraordinary actions laws which have no real
relationship whatsoever to existing circumstances. As a eon-
sequence, a "national emergency" is now a practical neces-
sity in order to carry out what has become the regular and
normal method of governmental action. What were intended
by Congress as delegations of power to be used only in the
most extreme situations and for the most limited durations
have become everyday powers; and a state of "emergency"
has become a permanent condition.

—NOTE-
DEPARTMENT of Justice,

May SI, 1973.

Memorandum for the Special Committee on the Termination of
the National Emergency

re : emergency power under § 5 (b) of the trading with the

ENEMY ACT

During the course of hearings held by the Committee frequent
mention has been made of the Trading with the Enemy Act ("the
Act"). Section 5(b) of the Act has been the statutory foundation for
control of domestic as well as international financial transactions
and is not restricted to "trading with the enemy." Its use over the
years provides an interesting study in the evolution of a statute as a
result of continuing interplay between the Executive and Congress.
Of all the emergency statutes under study by the Committee, it has
the most complex and varied history. This paper does not make any
recommendations or draw any conclusions but presents a short legal
chronology of § 5(b) to assist the Committee in understanding its
background and present status.

Original Enactment — World War I

The Act was passed in 1917 to "define, regulate, and punish trad-
ing with the enemy." 40 Stat. 415. Section 5(b) gave the President

185

power to regulate transactions in foreign exchange, the export or
hoarding of gold or silver coin or bullion or currency and transfers
of credit in any form "between the United States and any foreign
country, whether enemy, ally of enemy, or otherwise." 40 Stat. 415
(1917) as amended by 40 Stat. 966 (1918). Section 5(b), at that
time, exempted "transactions to be executed wholly within the
United States," thus appearing to limit its use as a basis for domes-
tic controls. It did not include a provision permitting use of the Act
during periods of national emergency nor was its use restricted by
its terms to the duration of the First World War or any specified
term after the end of the War. A law passed in 1921 terminating
certain war powers specifically exempted the Act from termination
because of the large amount of property held under the Act by the
Alien Property Custodian at that time. See Ellingwood, The Legal-
ity of the National Bank Moratorium, 27 Nw. U.L. Rev. 923,
925-26 (1933).

II.

Depression Banking Emergency

Upon taking office in March 1933 President Roosevelt was pressed
to deal promptly with a nationwide panic that threatened to drain
the liquid resources of most of the banks in the country. The Public
Papers and Addresses of Franklin D. Roosevelt, pp. 24-29 (1933)
| hereinafter "R'W'velt Papers"]. He therefor? invoked the "forgot-
ten provisions" of § 5(b) on March 6, 1933 to declare a bank holiday
and control the export of gold. Schlesinger, The Coming of the New
Deal 4 ( 1959 ) . The bank holiday proclamation noted that there had
been "heavy and unwarranted withdrawals of gold and currency
from our banking institutions for the purpose of hoarding," and
that increasing speculation abroad in foreign exchange had resulted
in severe drain on domestic gold supplies, thus creating a "national
emergency." Therefore it was "in the best interests of all bank
depositors that a period of respite be provided with a view to pre-
venting further hoarding of coin, bullion or currency or speculation
in foreign exchange." In order to prevent export or hoarding of bul-
lion or currency a bank holiday was therefore proclaimed from
March 6 through March 9, 1933. Executive Proclamation No. 2039.
March 6, 1933, 48 Stat. (Part 2) 1698.

By invoking § 5(b) as authority, President Roosevelt was, of
course, using that provision for a different purpose than the one for
which it was enacted in 1917. However, as one writer noted, closing
the banks was "one of the surest and quickest ways" to prevent
transactions in foreign exchange and the exportation of gold and
silver coin, bullion and currency. Section 5(b) had, as noted, given
the President power to regulate such matters. Ellingwood, The
Legality of the National Bank Moratorium, 27 Nw. U.L. Rev. 923,
925 (1933).

Congress was called into session within days of the Proclamation.
Roosevelt Papers 17. As soon as Congress was convened on March 9,
1933, it approved the bank holiday by passing the so-called Emer-

[ Emphasis supplied.]

186

gency Banking Act or Bank Conservation Act. 48 Stat. 1, That Act
provided that the actions and proclamations "heretofore or hereafter
taken ... or issued by the President of the United States . . . since
March 4, 1933, pursuant to the authority conferred by subdivision
(b) of section 5 of the Act of October 6, 1917, as amended, are
hereby approved and confirmed." (48 Stat. 1; 12 U.S.C. 95b (1970)).
Congress thus "spread its protective approval over executive acts the
legality of which was uncertain." Ellingwood, op. cit. supra at 27
Iw. U.L. Rev. 929 (1933). Congress also amended Section 5(b) to
provide, among other things, that "[d]uring time of war or during
any other period of national emergency declared by the President,
the President may . . . regulate, under such rules and regulations as
he may prescribe . . . transfers of credit between or payments by
bankings institutions as denned by the President. ..." 48 Stat. 1. In
the enactment clause Congress declared "that a serious emergency
exists." 48 Stat. 1. The exclusion of domestic transactions, formerly
found in the Act, was deleted from § 5(b) at this time.

The legislative history of the Emergency Banking Act is short:
only eight hours elapsed from the time the bill was introduced until
it was signed into law. There were no committee reports. Indeed, the
bill was not even in print at the time it was passed. 77 Cong. Bee
76, 80 (1933) ; Schlesinger, The Coming of the New Deal 8.

The abbreviated history shows Congress recognized that the
powers conferred on the President by the Act were great. In the
debate preceding the bill's passage those supporting it made such
remarks as:

... in time of storm there can only be one pilot. In my
judgment, the House of Representatives realize that the
pilot in this case must be the President of the United
States, and they will steer their course by him (Rep. Golds-
borough, 77 Cong. Rec 81).

It is a dictatorship over finance in the United States. It is
complete control over the banking system in the United
States. (Rep. McFadden, 77 Cong. Rec 80).

I realize that in time of peace we have perhaps never
been called upon to vest such transcendent powers in the
Executive as are provided for in this bill. ... It is an emer-
gency which can be adequately dealt with only by the
strong arm of Executive power, and therefore I expect to
vote for the bill, though it contains grants of powers which
I never before thought I would approve in time of peace.
(Sen. Connally, 77 Cong. Rec 65).

The courts later upheld the validity of the bank holiday under the
.Act, as amended. E.g., Smith v. Witherow, 102 F. 2d 638, 641 (3d Cir.,
193!)) : Hardee v. Washing tmt Loan & Trust Co., 91 F. 2d 314 (DC.
Cir. 1037). Recause of the prompt action taken by Congress in ratify-
ing the March 6 proclamation, no judicial decisions were rendered on
the question of whether the President's action, if taken alone, would
.have been lawful.

{Emphasis supplied.]

187

Subsequently in 1933-34, acting under § 5(b), President Roosevelt
issued a series of orders which prohibited the hoarding of gold and
directed that all gold bullion certificates be deposited with the Fed-
eral Reserve Banks and which regulated transactions in foreign
exchange :

(1) Executive Order 6073 of March 10, 1933, prohibited
the export or removal of gold from the United States,
except as authorized by the Secretary of the Treasury, and
banks were prohibited from making transfers of foreign
exchange except in connection with certain described transac-
tions. This order did not specifically refer to a national emer-
gency.

(2) Executive Order 6102 of April 5, 1933, generally required
holders of gold coin, gold bullion, and gold certificates to sur-
render their holdings to Federal Reserve Banks. This Order
stated "By virtue of the authority vested in me by Section 5(b)
... as amended by Section 2 of the Act of March 9, 1933, ... in
which amendatory Act Congress declared that a serious emer-
gency exists, I ... do declare that said national emergency still
continues to exist."

(3) Executive Order 6111 of April 20, 1933, authorized the
Secretary of the Treasury to regulate transactions in foreign
exchange and the export or withdrawal of currency from the
United States. The emergency basis for E.O. 6111 was stated in
the same language as the language of E.O. 6102, quoted immedi-
ately above.

(4) Executive Order 6260 of August 28, 1933, was issued to
supplant Executive Orders 6102 and 6111. This order prohibited
the holding or export of gold, except under license issued by the
Secretary of the Treasury, and authorized the Secretary to reg-
ulate or prohibit transactions in foreign exchange. In E.O. 6260
the President stated "I . . . do declare that a period of national
emergency exists." Executive Order 6260 was confirmed and
amended by Presidents Eisenhower and Kennedy. 31 CFR Part
54. See 42 Op. A.G. No. 35, p. 9.

(5) Executive Order 6560 of January 15, 1934, authorized the
Secretary of the Treasury to regulate transactions in foreign
exchange, transfers of credit from American to foreign banks
and export of currency or silver coin. This order is still on the
books today. See 31 CFR Parts 127-128. In this Order, the
President declared that "a period of national emergency contin-
ues to exist."

In January 1934 Congress ratified all acts which had been per-
formed under the Emergency Banking Act. 48 Stat. 343 (1934) ; 12
U.S.C. 213 (1970).

III.

World War II Alien Property Freeze

Following the invasion of Norway and Denmark by Germany in
April 1940 President Roosevelt acted to protect funds of residents of
these countries in the United States from withdrawal under duress

188

bv issuing an order freezing those assets except as authorized by the
Secretary of the Treasury. Executive Order No. 8389 (April 10,
1940). The order referred to authority under § 5(b) but did not spe-
cifically mention the existence of a national emergency. The Presi-
dent had proclaimed a national emergency only months before in
September 1939; Proclamation No. 2352 noted the neutrality of the
United States in the war and stated :

WHEREAS measures required at this time call for the
exercise of only a limited number of the powers granted m a
national emergency :

NOW, THEREFORE, I ... do proclam that a national
emergency exists in connection with and to the extent neces-
sary for the proper observance, safeguarding, and enforc-
ing of the neutrality of the United States and the strength-
ening of our national defense within the limits of peacetime
authorizations.

Subsequently on May 7, 1940, Congress passed a resolution "to
remove any doubt" that § 5(b) authorized certain aspects of the
freeze order. The Report of the Senate Banking Committee noted
that when Congress passed the Emergency Banking Act, "it
intended to grant to the President all of the powers conferred upon
him by section 5(b) of the Act of October 6, 1917, and to authorize
him to exercise all of such powers not only in time of war, but
during any other period of national emergency." S. Rep. No. 1496,
76th Cong., yd Sess. 1 (1949). By joint resolution, Congress thus
approved and confirmed the order and amended § 5(b) to clarify the
President's freeze power over alien property. 54 Stat. 179 ( 1940 ) . See
United States v. Von Clemm, 136 F. 2d 968, 970 (2d Cir. 1934). cert,
denied, 320 U.S. 769 (1943) (upholding the retroactive validity of
the 1940 joint resolution of Congress).

The original freeze order was an amendment to Executive Order
No. 6560 of January 1934 regulating foreign exchange and the
export of coin and currency and the controls were somewhat similar
to those exercised during the First World War and during the bank-
ing crises of 1933. This order, covering Norway and Denmark, way
followed by similar executive orders after other nations were
invaded or subjected to Axis domination. Eventually Germany,
Japan and Italy were themselves covered in June and July 1941.
The purpose of the orders was to keep the Axis from using billions
of dollars of assets in the United States. Roosevelt Papers (1940
vol.), p. 133-34. Regulations issued by the Secretary of the Treas-
ury, pursuant to a general delegation of Presidential authority
under § 5(b) made in 1942, continue to this date to serve as the basis
for blocking trade and financial transactions with North Korea,
Cuba and North Vietnam. See 31 C.F.R. part 500 et seq.; Executive
Order 919:3, sec. 3, July 6, 1942, 7 Fed. Reg. 5205, and Executive
Order 9989, Aug. 20, 1948, 1", Fed. Reg. 4891.

(Emphasis supplied.]

189

IV.

Consumer Credit Controls

Four months before the United States entered World War II,
President Roosevelt issued Executive Order No. 8843, which
directed the Federal Reserve Board to impose consumer installment
credit controls as a measure to fight inflation. 6 Fed. Reg. 4035
(1941). The order was issued on August 9, 1941 under § 5(b) "in
order, in the national emergency declared by me on May 27, 1941 to
promote the national defense and protect the national economy. . ."
6 Fed. Reg. 4035 (1941). On May 27, 1941, the President had
issued Proclamation No. 2487 which proclaimed that "an unlimited
national emergency confronts this country, which requires that its
military, naval, air and civilian defense be put on the basis of readi-
ness to repel any and all acts or threats of aggression directed toward
any part of the Western Hemisphere."

In Executive Order 8843 the term "banking institution" as used in
§ 5(b), was defined to include any person engaged in the business of
making extensions of credit whether as a vendor of consumer dura-
ble goods or otherwise. The Federal Reserve Board was authorized,
in order to prevent evasion of the order, to regulate any other exten-
sion of installment credit, any credit for the purpose of purchasing
or carrying any consumers' durable good or any other extension of
credit in the form of a loan (other than loans to businesses or agri-
cultural enterprises). 6 Fed. Reg. 4036.

There was some suggestion at the time that the definition of bank-
ing insitution to include vendors of "consumer durable goods" was
beyond the power conferred by § 5(b). One writer noted that the
President had "disclosed hitherto unsuspected potentialities" in §
5(b) by using this definition of banking institution and that a
clearer statutory basis would be desirable for such controls. Note,
Federal Regulation of Consumer Credit by Executive Order. 41
Colum. L. Rev. 1287, 1289 (1941). See also Price Control BUI, Hear-
ings on H.R. 5!fl9 before the House Banking and Currency Commit-
tee, 77th Cong., 1st Sess., pp. 116-117 (1941). Nevertheless, the con-
trols were accepted once the order was issued and never challenged
in court. In December 1941 Congress passed the First War Powers
Act (55 Stat. 839) which included a provision approving and ratify-
ing actions which had been taken under § 5(b), thus apparently
approving Executive Order No. 8843.

After World War II, Congress on four occasions took legislative
action concerning imposition by the Federal Reserve Board of con-
sumer credit controls pursuant to § 5(b). The four actions by Con-
gress are as follows :

(1) Congress passed a joint resolution in 1947 which provided
that after November 1, 1947, the Federal Reserve Board was not
to exercise consumer credit controls pursuant to Executive Order
No. 8843. 61 Stat. 921, 12 U.S.C. 249. The joint resolution also
provided that no "such consumer credit controls" could be exer-

[Emphasis supplied.]

190

cised except during wartime or any national emergency thereaf-
ter declared by the President.

The legislation took this form because President Truman had
decided to place the issue of the continuation of controls "in the
laps of Congress" rather than rescind the controls himself by
revoking the Executive order. 93 Cong. Rec. 9757. The legisla-
tive history of the 1947 resolution shows that Congress intended
that the President have the power, if needed, to make such con-
trols effective again the day after the resolution by declaring a
new national emergency. See 93 Cong. Rec. 9753, 9758-59.

(2) On August 16, 1948, Congress changed its policy and
authorized the Federal Reserve Board, "notwithstanding" the

1947 joint resolution, to exercise "consumer-credit controls in
accordance with and to carry out the purposes of" Executive
Order No. 8843. 62 Stat. 1291.

The legislative history of the 1948 act again affirms congres-
sional intent that the President retain his authority under Exec-
utive Order No. 8843 to exercise consumer credit controls there-
after during time of war or national emergency. It also made
clear that he could have reimposed them on his own without the

1948 resolution. The House report noted :

When the Congress terminated the controls over con-
sumer credit pursuant to the provisions of [12 U.S.C.
249], it specifically provided that such termination did
not affect the authority to reimpose such controls
during the time of war or any national emergency
declared by the President. The President has evidently
not seen fit to use this authority to reinstate the regula-
tion of consumer credit and henceforth the committee
proposes in this joint resolution for congressional
enactment of such powers for a temporary period with
respect to consumer installment credit and at the same
time reserve the authority to exercise consumer-credit
controls thereafter during the time of war or declara-
tion of any national emergency by the President. H.R
Rep. No. 2455, 80th Cong. 2d Sess. 5-6 (1948).
The 1948 authority expired June 30, 1949.

(3) In § 601 of the Defense Production Act of 1950, using
language patterned closely on that of the 1948 enactment, Con-
gress again gave the Federal Reserve Board authority to exer-
cise consumer credit controls under Executive Order No 8843
' notwithstanding" the 1947 joint resolution. 64 Stat. 812.

• [i\ Jn ,Tune 1952> while extending other parts of the act,
including § 602, Congress repealed § 601. 66 Stat. 305. Repeal-
ing § 601 appeared to restore the provisions of the 1947 joint
resolution (12 USC 249) authorizing the imposition of consumer
credit controls again during a war or a period of national emer-
gency.

191

Foreign Direct Investment Program

Section 5(b) was also used as authority for the Foreign Direct
Investment Program in 1968. Under E.O. 11387 of January 1, 1968,
controls were imposed by President Johnson over transfers of capital
to foreign countries by substantial investors in the United States. A
formal opinion was issued by Attorney General Kamsey Clark
upholding the program. The opinion reviews the history of § 5(b).
It also discusses the continuation of the national emergency declared
by President Truman in Proclamation 2914 of December 16, 1950,
which referred to the hostilities in Korea and the world menace of
the forces of communist aggression. 42 Op. A.G. No. 35. The order
relies on the continuation of this emergency.

In March 2, 1973, a federal district court judge ruled orally that
§ 5(b) did not authorize an indictment charging a violation of the
foreign direct investment program. The existence of a national
emergency was not raised, however. An appeal is now being pre-
pared. United States v. By an, Crim. No. 2038-78 (D.D.C. 1973).
E.O. 11387 continues in effect today.

VI.

Export Controls

Most recently, § 5(b) was used for a month in 1972 when it was
invoked by President Nixon as authority for the regulations of
exports. E.O. 11677 of August 1, 1972. Section 5(b) was used in this
situation because the existing law authorizing export controls, the
Export Administration Act of 1969, 83 Stat. 841, as amended by 86
Stat. 133, had expired. When export control legislation was re-enacted,
E.O. 11677 was revoked by E.O. 11683 of August 29, 1972.

The executive order imposing controls recited the continued exist-
ence of the national emergencies declared by Proclamation No. 2914
of December 16, 1950, referred to above, and by Proclamation No.
4074 of August 15, 1971, which imposed a supplemental duty on
imports for balance of payments purposes.*

Jack Goldklang.

*The above study represents the views of the author and
does not necessarily represent the official position of the
Department of Justice.

12 U.S.C. 249. Regulation of consumer credit

After November 1, 1947, the Board of Governors of the Federal
Reserve System shall not exercise consumer credit controls pursuant
to Executive Order Numbered 8843, and no such consumer credit
controls shall be exercised after such date except during the time of

192

war beginning after August 8, 1947, or any national emergency
declared by the President after August 8, 1947. (Aug. 8, 1947, oh.
517, 61 Stat. 921.)

12 U.S.C. 635. PoWEHS AND FUNCTIONS OF BANK

(a) General banking business; use of mails; use of assets and allo-
cated or borrowed money ; payment of dividends.

There is created a corporation with the name Export-Import
Bank of the United States, which shall be an agency of the United
States of America. The objects and purposes of the_ bank shall be to
aid in financing and to facilitate exports and imports and the
exchange of commodities between the United States or any of its
Territories or insular possessions and any foreign country or the
agencies or nationals thereof. In connection with and in furtherance
of its objects and purposes, the bank is authorized and empowered
to do a general banking business except that of circulation; to
receive deposits; to purchase, discount, rediscount, sell, and negoti-
ate, with or without its endorsement of guaranty, and to guarantee
notes, drafts, checks, bills of exchange, acceptances, including bank-
ers' acceptances, cable transfers, and other evidences of indebted-
ness; to purchase, sell, and guarantee securities but not to purchase
with its funds any stock in any other corporation except that it may
acquire any such stock through the enforcement of any lien or
pledge or otherwise to satisfy a previously contracted indebtedness
to it; to accept bills and drafts drawn upon it; to issue letters of
credit; to purchase and sell coin, bullion and exchange; to borrow
and to lend money ; to perform any act herein authorized in partici-
pation with any other person, including any individual, partnership,
corporation, or association; to adopt, alter, and use a corporate seal,
which shall be judicially noticed; to sue and to be sued, to complain
and to defend in any court of competent jurisdiction; and the enu-
meration of the foregoing powers shall not be deemed to exclude
other powers necessary to the achievement of the objects and pur-
poses of the bank. The bank shall be entitled to the use of the
United States mails in the same manner and upon the same condi-
tions as the executive departments of the Government. The bank is
authorized to use all of its assets and all moneys which have been or
may hereafter be allocated to or borrowed by it in the exercise of its
functions. Net earnings of the bank after reasonable provision for
possible losses shall be used for payment of dividends on capital
stock. Any such dividends shall be deposited into the Treasury as
miscellaneous receipts.

(b) Functions as supplemental to private capital; restrictions on
loans.

(1) It is the policy of the Congress that the Bank in the exercise
of its functions should supplement and encourage and not compete
with private capital ; that loans, so far as possible consistently with
carrying out the purposes of subsection (a) of this section, shall

[Emphasis supplied.]

193

generally be for specific purposes, and, in the judgment of the
Board of Directors, offer reasonable assurance of repayment; and
that in authorizing such loans the Board of Directors should take
into account the possible adverse effects upon the United States
economy.

(2) The Bank in the exercise of its functions shall not guarantee,
insure, or extend credit, or participate in any extension of credit —

(A) in connection with the purchase or lease of any product
by a Communist country (as defined in section 2370(f) of Title
22) , or agency or national thereof, or

(B) in connection with the purchase or lease of any product
by any other foreign country, or agency, or national thereof, if
the product to be purchased or leased by such other country,
agency, or national is, to the knowledge of the Bank, princi-
pally for use in, or sale or lease to, a Communist country (as so
defined),

except that the prohibitions contained in this paragraph shall not
apply in the case of any transaction which the President determines
would be in the national interest if he reports that determination to
the Senate and House of Representatives within thirty days after
making the same.

(3) The Bank shall not guarantee, insure, or extend credit, or
participate in the extension of credit in connection with the pur-
chase of any product, technical data, or other information by a
national or agency of any nation —

(A) which engages in, armed conflict, declared or otherwise,
with armed forces of the United States; or

(B) which furnishes by direct governmental action (not
including chartering, licensing or sales by non-wholly-owned
business enterprises) goods, supplies, military assistance, or
advisers to a nation described in subparagraph (A) ;

nor shall the Bank guarantee, insure, or extend credit, or participate
in the extension of credit in connection with the purchase by any
nation (or national or agency thereof) of any product, technical
data, or other information which is to be used principally by or in a
nation described in subparagraph (A) or (B).

(4) The Bank shall not guarantee, insure, or extend credit, or
participate in an extension of credit in connection with any credit
sale of defense articles and defense services to any country desig-
nated under section 4916 of Title 26 as an economically less devel-
oped country for purposes of the tax imposed by section 4911 of
Title 26. The prohibitions set forth in this paragraph shall not
apply with respect to any transaction the consummation of which
the President determines would be in the national interest and
reports such determination (within thirty days after making the
same) to the Senate and House of Representatives. In making any
such determination the President shall take into account, among
other considerations, the national interest in avoiding arms races
among countries not directly menaced by the Soviet Union or by
Communist China; in avoiding arming military dictators who are

[Emphasis supplied.]

194

denying social progress to their own peoples; and in avoiding
expenditures by developing countries of scarce foreign exchange
needed for peaceful economic progress.

(5) In no event shall the Bank have outstanding at any time in
excess of 7i£ per centum of the limitation imposed by section 635e
of this title for such guarantees, insurance, credits or participation
in credits with respect to exports of defense articles and services to
countries which, in the judgment of the Board of Directors of the
Bank, are less developed.

(c) Insurance functions; aggregate amount; reserve requirements;
limitations; fees and premiums; issuance and service of contracts.

(1) The Export-Import Bank of the United States, in furtherance
of its objects and purposes under this chapter, is authorized and
empowered to guarantee, insure, coinsure, and reinsure United
States exporters and foreign exporters doing business in the United
States in an aggregate amount not in excess of $3,500,000,000 out-
standing at any one time against political and credit risks of loss
arising in connection with United States exports; and to establish
and maintain fractional reserves in connection therewith. The
reserves maintained by the Bank for the guarantees, insurance, coin-
surance or reinsurance issued pursuant to this section shall be not
less than 25 per centum of the related contractual liability of the
Bank. Insofar as contracts of guarantee, insurance, coinsurance, and
reinsurance are concerned, only that part of the Bank's liabilities
represented by reserves provided for above shall be taken into
account for the purposes of applying the limitations imposed by sec-
tion 635e of this title. Fees and premiums shall be charged in
connection with such contracts commensurate, in the judgment of
the Bank, with the risks covered.

(2) The Bank may issue such guarantees, insurance, coinsurance,
and reinsurance to or with exporters, insurance companies, financial
institutions, or others, or groups thereof, and where appropriate
may employ any of the same to act as its agent in the issuance and
servicing of such guarantees, insurance, coinsurance, and reinsur-
ance, and the adjustment of claims arising thereunder. (July 31,
1945, ch. 341, § 2, 59 Stat. 526; Dec 28, 1945, ch. 602, 59 Stat 666;
June 9, 1947, ch. 101, § 1, 61 Stat. 130; May 21, 1953, ch. 64, § 1, 67
Stat. 28; Sept. 26, 1961, Pub. L. 87-311, 75 Stat 673; Aug. 20, 1963,
Pub. L . 88-101, § 1(a), 77 Stet 128; Mar. 13, 1968, PubTL 90-267,
§ l(a)-(c), 82 Stat 47-49.)

—NOTE-
EXCERPT from Senate Kept. 473, 80th Cono., 1st Sess. (1947)

The resolution as reported authorizes the Federal Reserve
Board to continue to exercise consumer credit controls pur-
suant to Executive Order 884S, until December 31, lQJtf.
The Board would be authorized to discontinue the regula-
tion at an earlier date, in whole or in part, if conditions
warrant such action. In lieu of the present regulations as to
[Emphasis supplied.]

195

maximum maturity and down payment, the joint resolution
provides that no such regulation shall fix a maximum matu-
rity of less than 24 months, or require a down payment in
excess of 20 percent of the purchase price. The resolution
further provides that no consumer credit controls shall be
exercised after December 31, 1947, except in the event of
war or national emergency commencing after such date.

12 U.S.C. 1425a. Liquidity requirements

(a) Congressional declaration of purpose.

The purpose of this section is to provide a means for creating
meaningful and flexible liquidity in savings and loan associations
and other members which can be increased when mortgage money is
plentiful, maintained in easily liquidated instruments, and reduced
to add to the flow of funds to the mortgage market in periods of
credit stringency. More flexible liquidity will help support two main
purposes of this Chapter — sound mortgage credit and a more stable
supply of such credit.

(b) Required types of assets.

Any institution which is a member or which is an insured institu-
tion as defined in section 1724(a) of this title shall maintain the
aggregate amount of its assets of the following types at not less
than such amount as, in the opinion of the Board, is appropriate:
(1) cash, (2) to such extent a9 the Board may approve for the pur-
poses of this section, time and savings deposits in Federal Home
Loan Banks and commercial banks, and (3) to such extent as the
Board may so approve, such obligations, including such special obli-
gations, of the United States, a State, any territory or possession of
the United States, or a political subdivision, agency, or instrumen-
tality of any one or more of the foregoing, and bankers' acceptances,
as the Board may approve. The requirement prescribed by the
Board pursuant to this subsection (hereinafter in this section
referred to as the "liquidity requirement") may not be less than 4
per centum or more than 10 per centum of the obligation of the
institution on withdrawable accounts and borrowings payable on
demand or with unexpired maturities of one year or less or, in the
case of institutions which are insurance companies, such other base
or bases as the Board may determine to be comparable.

The amount of any institution's liquidity requirement, and any
deficiency in compliance therewith, shall be calculated as the Board
shall prescribe. The Board may prescribe different liquidity require-
ments, within the limitations specified herein, for different classes of
institutions, and for such purposes the Board is authorized to clas-
sify institutions according to type, size, location, rate of withdraw-
als, or, without limitation by or on the foregoing, on such other
basis or bases of differentiation as the Board may deem to be reason-

[Emphasis supplied.]

196

ably necessary or appropriate for effectuating the purposes of this
section.

(d) Penalty assessment. • *
For any deficiency in compliance with the liquidity requirement,

the Board may, in its discretion, assess a penalty consisting of the
payment by the institution of such sum as may be assessed by the
Board but not in excess of a rate equal to the highest rate on
advances of one year or less, plus 2 per centum per annum, on the
amount of the deficiency for the period with respect to which the
deficiency existed. Any penalty assessed under this subsection
against a member shall be paid to the Federal Home Loan Bank of
which it is a member, and any such penalty assessed against an
insured institution which is not a member shall be paid to the Fed-
eral Savings and Loan Insurance Corporation. The right to assess or
to recover, or to assess and recover, any such penalty is not abated
or affected by an institution's ceasing to be a member or ceasing to
be insured. The Board may authorize or require that, at any tune
before collection thereof, and whether before or after the bringing
of any action or other legal proceeding, the obtaining of any judg-
ment or other recovery, or the issuance or levy of any execution or
other legal process therefor, and with or without consideration, any
such penalty or recovery be compromised, remitted, or mitigated in
whole or part. The penalties authorized under this subsection are in
addition to all remedies and sanctions otherwise available.

(e) Reduction; suspension of requirements in time of national
emergency.

Whenever the Board deems it advisable in order to enable an
institution to meet withdrawals or to pay obligations, the Board
may, to such extent and subject to such conditions as it may pre-
scribe, permit the institution to reduce its liquidity below the mini-
mum amount. Whenever the Board determines that conditions of
national emergency or unusual economic stress exist, the Board may
suspend any part or all of the liquidity requirements hereunder for
such period as the Board may prescribe. Any such suspension, unless
sooner terminated by its terms or by the Board, shall terminate at
the expiration of ninety days next after its commencement, but noth-
ing in this sentence prevents the Board from again exercising,
before, at, or after any such termination, the authority conferred by
this subsection.

(f ) Rules and regulations; investigations by Board.

The Board is authorized to issue such rules and regulations,
including definitions of terms used hwthis section, to make such
examinations, and to conduct such investigations as it deems neces-
sary or appropriate to effectuate the purposes of this section. The
reasonable cost of any such examination or investigation, as deter-
miner! by the Board, shall be paid by the institution. In connection
with any such examination or investigation the Board has the same
functions and authority that the Federal Savings and Loan Insur-
ance Corporation has under subsection (m) of section 1730 of this
title, and for purposes of this subsection the provisions of said
subsection (m), including the next to last sentence but not including

[Empbasla supplied.]

197

the last sentence, and the provisions of the first sentence of subsec-
tion (n) of that section are applicable in the same manner and to
the same extent that they would be applicable if all references
therein to the Corporation were also references to the Board and all
references therein to that section or any part thereof were also refer-
ences to this section. (July 22, 1932, ch. 522, § 5 A, as added June 27,
1950, ch. 369, § 1, 64 Stat. 257, and amended Aug. 11, 1955, ch. 783,
title I, 109(a)(3), 69 Stat, 640; Sept. 21, 1968, Pub. L. 90-505, §
4, 82 Stat. 856.)

— N 0 T E —

Excerpt from Senate Reft. 1343, 90th Cong., 2d Sess. (1958)

The aim of the amendment is not to subsidize mortgages
or to completely insulate housing from monetary policy, but
rather to supply liquidity to the mortgage market, and par-
ticularly to savings and loan associations during periods of
extremely tight money and rapidly rising interest rates such
as occurred during 1966 (and such as might very well reoc-
cur during the last half of 1968). During 1966, the process
of "disintermediation" caused substantial disruption to the
mortgage market. Rapidly rising interest rates caused many-
savers to switch their funds from financial institutions to
direct purchases of bonds and Government securities. To
some extent, commercial banks were able to respond by rais-
ing their interest rates paid on time deposits and certificates
of deposits, as well as the rates charged for their loans to
compensate for the higher cost of obtaining deposits.

12 U.S.C. 1703. Insurance of financial institutions

(a) The Secretary is authorised and empowered upon such terms
and conditions as he may prescribe, to insure banks, trust companies,
personal finance companies, mortgage companies, building and loan
associations, installment lending companies and other such financial
institutions, which the Secretary finds to be qualified by experience
or facilities and approves as eligible for credit insurance, against
losses which they may sustain as a result of loans and advances of
credit, and purchases of obligations representing loans and advances
of credit, made by them on and after July 1, 1939, and prior to
October 1, 1972, for the purpose of (i) financing alterations, repairs,
and improvements upon or in connection with existing structures,
and the building of new structures, upon urban, suburban, or rural
real property (including the restoration, rehabilitation, rebuilding,
and replacement of such improvements which have been damaged or
destroyed by earthquake, conflagration, tornado, hurricane, cyclone,
flood, or other catastrophe)', by the owners thereof or by lessees of
such real property under a lease expiring not less than six months
after the maturity of the loan or advance of credit ; and for the pur-
pose of (ii) financing the purchase of a mobile home to be used by

[Emphasis supplied.]

198

the owner as his principal residence. In no case shall the insurance
granted by the Secretary under this section to any such financial
institution on loans, advances of credit, and purchases made by such
financial institution for such purposes on and after July 1, 1939,
exceed 10 per centum of the total amount of such loans, advances of
credit, and purchases: Provided, That with respect to any loan,
advance of credit, or purchase made after the effective date of the
Housing Act of 1954, the amount of any claim for loss on any such
individual loan, advance of credit or purchase paid by the Secretary
under the provisions of this section to a lending institution shall not
exceed 90 per centum of such loss.

After the effective date of the Housing Act of 1954, (i) the Secre-
tary shall not enter into contracts for insurance pursuant to this sec-
tion except with lending institutions which are subject to the inspec-
tion and supervision of a governmental agency required by law to
make periodic examinations of their books and accounts, and which
the Secretary finds to be qualified by experience or facilities to make
and service such loans, advances or purchases, and with such other
lending institutions which the Secretary approves as eligible for
insurance pursuant to this section on the basis of their credit and
their experience or facilities to make and service such loans,
advances or purchases; (ii) only such items as substantially protect
or improve the basic livability or utility of properties shall be eligi-
ble for financing under this section, and therefore the Secretary
shall from time to time declare ineligible for financing under this
section any item, product, alteration, repair, improvement, or class
thereof which he determines would not substantially protect or
improve the basic livability or utility of such properties, and he may
also declare ineligible for financing under this section any item
whch he determines is especially subject to selling abuses; and (iii)
the Secretary is authorized and directed, by such regulations or pro-
cedures as he shall deem advisable, to prevent the use of any finan-
cial assistance under this section (1) with respect to new residential
structures (other than mobile homes) that have not been completed
and occupied for at least six months, or (2) which would, through
multiple loans, result in an outstanding aggregate loan balance with
respect to the same structure exceeding the dollar amount limitation
prescribed m this subsection for the type of loan involved: Pro-
vided, That this clause (iii) may in the discretion of the Secretary
be waived with respect to the period of occupancy or completion of
anv such new residential structures. The Secretary is hereby author-
ized and directed, with respect to mobile homes to be financed under
this section, to (i) prescribe minimum property standards to assure
the livability and durability of the mobile home and the suitability
of the site on which the mobile home is to be located; and (ii)
obtain assurances from the borrower that the mobile home will be
placed on a site which complies with the standards prescribed by the
ments i zoning and other applicable local require-

(b) No insurance shall be granted under this section to any such
financial institution with respect to any obligation representing any

199

such loan, advance of credit, or purchase by it (1) if the amount of
such loan, advance of credit, or purchase exceeds $5,000, except that
an obligation financing the purchase of a mobile home may be in an
amount not exceeding $10,000 ($15,000 in the case of a mobile home
composed of two or more modules); (2) if such obligation has a
maturity in excess of three years and thirty-two days, except that
the Secretary may increase such maximum limitation to seven years
and thirty-two days if he determines such increase to be in the
public interest after giving consideration to the general effect of
such increase upon borrowers, the building industry, and the general
economy, and such maturity limitation shall not apply if such loan,
advance of credit, or purchase is for the purpose of financing the
construction of a new structure for use in whole or in part for agri-
cultural purposes: Provided, That an obligation financing the pur-
chase of a mobile home may have a maturity not in excess of twelve
years and thirty-two days (fifteen years and thirty-two days in the
case of a mobile home composed of two or more modules) ; or (3)
unless the obligation bears such interest, has such maturity, and con-
tains such other terms, conditions, and restrictions a9 the Secretary
shall prescribe, in order to make credit available for the purposes of
this subchapter: Provided, That any such obligation with respect to
which insurance is granted under this section on or after sixty days
from August 7, 1956 shall bear interest, and insurance premium
charges, not exceeding (A) an amount, with respect to so much of
the net proceeds thereof as does not exceed $2,500, equivalent to
$5.50 discount per $100 of original face amount of a one-year note
payable in equal monthly installments, plus (B) an amount, with
respect to any portion of the net proceeds thereof in excess of $2,500,
equivalent to $4.50 discount per $100 of original face amount of such
a note; Provided further, That the amounts referred to in clauses
(A) and (B) of the preceding proviso, when correctly based on
tables of calculations issued by the Secretary or adjusted to elimi-
nate minor errors in computation in accordance with requirements of
the Secretary, shall be deemed to comply with such proviso: Pro-
vided further, That insurance may be granted to any such financial
institution with respect to any obligation not in excess of $15,000
nor an average amount of $2,500 per family unit and having a
maturity not in excess of seven years and thirty-two days represent-
ing any such loan, advance of credit, or purchase made by it if such
loan, advance of credit, or purchase is made for the purpose of
financing the alteration, repair, improvement, or conversion of an
existing structure used or to be used as an apartment house or a
dwelling for two or more families : Provided further, That any obli-
gation with respect to which insurance is granted under this section
on or after July 1, 1939, may be refinanced and extended in accord-
ance with such terms and conditions as the Secretary may prescribe,
but in no event for an additional amount or term in excess of the
maximum provided for in this subsection.

(c) (1) Notwithstanding any other provision of law, the Secre-
tary shall have the power, under regulations to be prescribed by him
and approved by the Secretary of the Treasury, to assign or sell at

200

public or private sale, or otherwise disposeof, any evidence of debt,
contract, claim, personal property, or security assigned to or held by
him in connection with the payment of insurance heretofore or here-
after granted under this section, and to collect or compromise all
obligations assigned to or held by him and all legal or equitable
rights accruing to him in connection with the payment of such
insurance untifsuch time as such obligations may be referred to the
Attorney General for suit or collection.

(2) The Secretary is authorized and empowered (a) to deal with,
complete, rent, renovate, modernize, insure, or sell for cash or credit,
in his discretion, and upon such terms and conditions and for such
considerations as the Secretary shall determine to be reasonable, any
real or personal property conveyed to or otherwise acquired by him
in connection with the payment of insurance heretofore or hereafter
granted under this subchapter and (b) to pursue to final collection,
by way of compromise or otherwise, all claims against mortgagors
assigned by mortgagees to the Secretary in connection with such real
or personal property by way of deficiency or otherwise: Provided,
That section 5 of Title 41 shall not be construed to apply to any
contract of hazard insurance or to any purchase or contract for serv-
ices or supplies on account of such property if the amount thereof
does not exceed $1,000. The power to convey and to execute in the
name of the Secretary deeds of conveyance, deeds of release, assign-
ments and satisfactions of mortgages, and any other written instru-
ment relating to real or personal property or any interest therein
heretofore or hereafter acquired by the Secretary pursuant to the
provisions of this subchapter may be exercised by an officer
appointed by him without the execution of any express delegation of
power or power of attorney: Provided, That nothing in this para-
graph shall be construed to prevent the Secretary from delegating
such power by order or by power of attorney, in his discretion, to
any officer or agent he may appoint.

(d) The Secretary is authorized and empowered, under such regu-
lations as he may prescribe, to transfer to any such approved finan-
cial institution any insurance in connection with any loans and
advances of credit which may be sold to it by another approved
financial institution.

(e) The Secretary is authorized to waive compliance with regula-
tions heretofore or "hereafter prescribed by him with respect to the
interest and maturity of and the terms, conditions, and restrictions
under which loans, advances of credit, and purchases may be insured
under this section and section 1706a of this title, if in his judgment
the enforcement of such regulations would impose an injustice upon
an insured institution which has substantially complied with such
regulations in good faith and refunded or credited any excess charge
made, and where such waiver does not involve an increase of the
obligation of the Secretary beyond the obligation which would have
been involved if the regulations had been fully complied with.

(f) The Secretary shall fix a premium charge for the insurance
hereafter granted under this section, but in the case of any obliga-
tion representing any loan, advance of credit, or purchase, such pre-
mium charge shall not exceed an amount equivalent to 1 per centum

201

per annum of the net proceeds of such loan, advance of credit, or
purchase, for the term of such obligation, and such premium charge
shall be payable in advance by the financial institution and shall be
paid at such time and in such manner as may be prescribed by the
Secretary.

(g) Any payment for loss made to an approved financial institu-
tion under this section shall be final and incontestable after two
years from the date the claim was certified for payment by the Sec-
retary, in the absence of fraud or misrepresentation on the part of
such institution, unless a demand for repurchase of the obligation
shall have been made on behalf of the United States prior to the
expiration of such two-year period.

(h) The Secretary is authorized and directed to make such rules
and regulations as may be necessary to carry out the provisions of
this subchapter. (June 27, 1934, ch. 847, title I, § 2, 48, Stat. 1246;
Hay 28, 1935, ch. 150, § 28(a), (b), 49 Stat. 299; Aug. 23, 1935, ch.
614, § 344(b), 49 Stat. 722; Apr. 3, 1936, ch. 165, § 1, 49 Stat. 1187;
Apr. 17, 1936, ch. 234, § 4 (a), (b), 49 Stat. 1234; Apr. 22, 1937, ch.
121, §2, 50 Stat. 71; Feb. 3, 1938, ch. 13, §2, 52 Stat. 9; June 3,
1939, ch. 175, §§ 1, 2, 53 Stat. 804, 805; June 28, 1941, ch. 261, §§
1-5, 55 Stat. 364, 365; May 26, 1942, ch. 319, §13, 56 Stat. 305;
Mar. 23. 1943, ch. 21, § 2, 57 Stat, 43; Oct. 15, 1943, ch. 259, §§ 3, 4,
57 Stat. 571; June 26, 1947, ch. 152, 61 Stat. 182; 1947 Reorg. Plan
No. 3, §3, eff. July 27, 1947, 12 F.E. 4981, 61 Stat. 954; Aug. 10,
1948, ch. 832, title I, § 101 (s), 62 Stat. 1275; July 15, 1949, ch. 338,
title II, § 201(1), 63 Stat. 421; Aug. 30, 1949, ch. 524, 63 Stat. 681;
Oct. 25, 1949, ch. 729, §1(1), 63 Stat. 905; Apr. 20, 1950, ch. 94,
title I, §§ 101(a), 122, 64 Stat. 48, 59; Mar. 10, 1953, ch. 5, § 1, 67
Stat. 4; Aug. 2, 1954, ch. 649, title I, §§ 101(a), 102, 68 Stat. 590;
June 30, 1955, ch. 251, § 1 (1), 69 Stat. 225; Aug. 11, 1955, ch. 783,
title I, § 101, 69 Stat. 635; Feb. 10, 1956, ch. 33, 70 Stat. 11; Aug. 7,
1956, ch. 1029, title I, § 101, 70 Stat. 1091 ; July 12, 1957, Pub. L.
85-104, title I, § 105. 71 Stat, 297; Sept. 23, 1959, Pub. L. 86-372,
title I, § 101, 73 Stat. 654; Sept. 14, 1960, Pub. L. 86-788, § 2(a),
74 Stat. 1028; June 30, 1961, Pub. L. 87-70, title VI, § 604(a), 75
Stat. 177; Sept. 2, 1964, Pub. L. 88-560, title I, § 101, 78 Stat. 769;
Aug. 10, 1965, Pub. L. 89-117, title II, § 202(a), title XI,
§ 1108(a), 79 Stat. 465, 504; May 25, 1967, Pub. L. 90-19, § 1(a) (3),
(d), 81 Stat. 17, 18; Aug. 1, 1968, Pub. L. 90-448, title III, § 308,
82 Stat. 509; Sept. 30, 1969, Pub. L. 91-78, § 2(a), 83 Stat. 125;
Dec. 24. 1969, Pub. L. 91-152, title I, §§ 101(a), 103(c), Dec. 24,

1969, 83 Stat. 379, 380; Oct. 2, 1970, Pub. L, 91^32, § 1(a), 84 Stat.
886; Oct. 21, 1970, Pub. L. 91-473, § 1(a), 84 Stat. 1064; Dec. 1,

1970, Pub. L. 91-525, § 1(a), 84 Stat. 1384; Dec. 31, 1970, Pub. L.
91-609, title I, § 101(a), 113, 84 Stat. 1770, 1773.)

—NOTE—

Excerpt from House Reft. 2363, 84th Cong., 2d Sess. ( 1956)

Recent major floods have revealed special problems in
applying present laws to the rehabilitation or rebuilding of

202

urban areas which have been hit by major disasters. Section
402 of the bill would provide desirable modifications in the
existing law to facilitate the provision of assistance under
the urban renewal program in disaster areas.

A new section (sec. Ill) would be added to title 1 ot the
Housing Act of 1949, as amended. This new section would
be applicable onlv in areas which are found by the local
governing bodv and the Housing Administrator to be in
need of redevelopment or rehabilitation as a result of a
flood, fire, hurricane, earthquake, or similar catastrophe
which the President has declared to be a major disaster.
The Federal Government would be authorized to extend
urban renewal assistance for such an area without regard to
certain limitations imposed upon nondisaster projects.

Thus, the local community would be permitted to post-
pone compliance with the workable program requirement,
and the urban renewal plan would not have to conform to a
general plan for the locality as a whole. These modifications,
along with a waiver of the public-hearing requirement,
would permit a faster start in the rebuilding of the stricken
area. Present requirements that an urban renewal area shall
be a slum area or that it shall be predominantly residential
in character would be waived where the need for rehabilita-
tion or rebuilding arises from a major disaster. A regular
urban renewal plan would be prepared for the project area,
and in doing so, the locality would be required to give due
regard to the removal or relocation of dwellings from proj-
ect sites subjected to recurring floods or other recurring
catastrophes. Since the displacement of families will in
many instances have already occurred as a result of the
major disaster, the relocation requirements in the present
law would be modified to require only that the local public
agency present a plan for the encouragement, to the maxi-
mum extent feasible, of the provision of dwellings suitable
for the needs of displaced families.

Two sections of the National Housing Act provide FHA
mortgage insurance authority designed to assist the carry-
ing out of urban renewal programs. These are FHA sec-
tions 220 and 221 and provide for insurance of mortgages
on liberal terms provided the community meets the worka-
ble program requirement applicable to title I urban renewal
projects. In order that these mortgage insurance programs
may also be utilized to help meet needs of disaster victims
in urban renewal areas the bill provides in such cases that
the FHA sections 220 and 221 mortgage insurance would be
made available without regard to the workable program
requirement.

Section 701 of the Housing Act of 1954 authorizes the
Federal Government to make grants, not exceeding 50 per-
cent of the estimated cost of the planning work, to assist
community planning in small communities — less than 25,000
population — and to make similar grants to official State, met-

203

ropolitan, or regional agencies for similar planning in met-
ropolitan or regional areas. The bill would amend this
section of the law so that in areas stricken by major disas-
ters, the large cities as well as the smaller communities
under 25,000 population could directly avail themselves of
the planning grants authorized.

12 U.S.C. 1705. Allocation of funds

For the purposes of carrying out the provisions of this subchapter
and subchapters II and III of this chapter the President, in his dis-
cretion, is authorized to provide such funds or any portion thereof
by allotment to the Secretary from any funds that are available, or
may hereafter be made available, to the President for emergency
purposes. (June 27, 1934, ch. 847, title I, § 4, 48 Stat. 1247; June 30,
1947, ch. 166, title II, § 206 (I), 61 Stat. 208, 1947 Reorg. Plan No.
3, § 3, eff. July 27, 1947, 12 F.K. 4981, 61 Stat. 954; Apr. 20, 1950,
ch. 94, title I, § 122, 64 Stat. 59; May 25, 1967, Pub. L. 90-19, § 1(a)
(3), 81 Stat. 17.)

12 U.S.C. 1748b. Insurance of mortgages

(a) Aggregate amount of insurance; termination date.

In order to assist in relieving the acute shortage and urgent need
for family housing which now exists at or in areas adjacent to mili-
tary installations because of uncertainty as to the permanency of
such installations and to increase the supply of necessary family
housing accommodations for personnel at such installations, the Sec-
retary is authorized, upon application of the mortgagee, to insure
mortgages (including advances on such mortgages during construc-
tion) which are eligible for insurance as hereinafter provided, and,
upon such terms as the Secretary may prescribe, to make commit-
ments for so insuring such mortgages prior to the date of their exe-
cution or disbursement thereon: Provided, That the aggregate
amount of principal obligations of all mortgages insured under this
subchapter (except mortgages insured pursuant to the provisions of
this subchapter in effect prior to August 11, 1955) shall not exceed
$2,300,000,000 : And provided further, That the limitation in section
1715h of this title shall not apply to this subchapter : And provided
further, That no more mortgages shall be insured under this section
after October 1, 1962, except pursuant to a commitment to insure
before such date, and not more than twenty-eight thousand family
housing units shall be contracted for after June 30, 1959, pursuant to
any mortgage insured under this section after such date. (June 27.
1934, ch. 847, title VIII, § 803, as added Aug. 8, 1949, ch. 403, § 1,
63 Stat. 570, and amended Aug. 10, 1949, ch. 412, § 12 (a), 63 Stat.
591; Sept. 1, 1951, ch. 378, title VI, § 601 (a— c), 65 Stat. 312; June
30, 1953, ch. 170, § 10 (a)— (c), 67 Stat. 124; June 29, 1954, ch. 410,
§ 1 (2), 68 Stat. 320; Aug. 2, 1954, ch. 649, title I, §§ 112 (c), 128

[Emphasis supplied.]

204

(a), 130, 68 Stat. 593, 609; June 30, 1955, ch. 251, § 1 (2), 69 Stat.
225 Aug. 11, 1955, ch. 783, title TV, § 401, 69 Stat. 647; Aug. 7,
1956, ch 1029, title V, §§ 502-506(a), 70 Stot 11M; Juty 12, 1957,
Pub. L. 85-104, title f, ?108 (c), title V, §§ 501, 502, 71 Stat. 297,
303; Apr. 1, 1958, Pub. L. 85-364, § 3(b), 72 Stat. 73| Aug 10,
1959, Pub. L. 86-149, title IV, § 414(a) 73 Stat. 322; Sept. 23, 1959,
Pub. L. 86-372, title VII, § 701, 73 Stat. 682; June 8, 1960, Pub. L.

86- 500, title V, § 507 (a), (c), .74 Stat. 185, 186; June 27, 1961,
Pub. L. 87-57, title VI, § 607(a), 75 Stat. Ill; June 30, 1961, Pub.
L. 87-70, title VI, § 604(d), 75 Stat. 177; Aug. 31, 1962, Pub. L.

87- 623, §1, 76 Stat. 418; Aug. 10, 1965, Pub. L. 89-117, title X,
§ 1108 (u), 79 Stat. 560; May 25, 1967, Pub. L. 90-19, § 1(a) (3), (p),
81 Stat. 17, 19.)

Title 14 — Coast Guard

14 U.S.C. 3. Relationship to Navy Department

Upon the declaration of war or when the President directs, the
Coast Guard shall operate as a service in the Navy, and shall so con-
tinue until the President, by executive order, transfers the Coast
Guard back to the Treasury Department. While operating as a serv-
ice in the Naw. the Coast Guard shall be subject to the orders of
the Secretary of the Navy who may order changes in Coast Guard
operations to render them uniform, to the extent he deems advisable,
with Navy operations. (Aug. 4, 1949, ch. 393, 63 Stat 496.)

14 U.S.C. 214. Original appointment of temporary officers

(a) The President may appoint temporary commissioned officers
in the Regular Coast Guard in a grade, not above lieutenant, appro-
priate to their qualifications, experience, and length of service, as the
needs of the Coast Guard may require, from among the commis-
sioned warrant officers, warrant officers, and enlisted men of the
Coast Guard, and from licensed officers of the United States mer-
chant marine.

(b) The President may appoint temporary commissioned warrant
officers in the Regular Coast Guard, as the needs of the Coast Guard
may require, from among the warrant officers and enlisted men of
the Coast Guard, and from licensed officers of the United States
merchant marine.

(c) The Secretary may appoint temporary warrant officers
OV-1) in the Regular Coast Guard, as the needs of the Coast
Guard require, from among the enlisted men of the Coast Guard,
and from. licensed officers of the United States merchant marine.

(d) Temporary appointments under this section do not change the
permanent, probationary, or acting status of persons so appointed,

[Empbasls supplied.]

205

prejudice them in regard to promotion or appointment, or abridge
their rights or benefits. A person who is appointed under this section
may not suffer any reduction in the pay and allowances to which he
was entitled because of his permanent status at the time of his tem-
porary appointment under this section.

(e) An appointment under this section may be vacated by the
appointing officer at any time. Eaai officer whose appointments is so
van fed shall re\ert to his permanent status.

(i) Appointees under this section shall take precedence in the
grade to which appointed in accordance with the dates of their
appointments as officers in such grade. Appointees whose dates of
appointment are the same shall take precedence with each other as
the Secretary shall determine. (Added Pub. L. 88-130, § 1(10) (C),
Sept. 24. 1963, 77 Stat. 178, and amended Pub. L. 89-444, 1(12)-(14),
June 9, 1966, 80 Stat. 196.)

—NOTE—

Successor to 14 U.S.C. 435 which, according to codifier's
note, provided for temporary promotions in time of war or
national emergency.

14 U.S.C. 275. Wartime temporary service promotions

(a) In time of war, or of national emergency declared by the
President or Congress, the President may suspend any section of
this chapter relating to the selection, promotion, or involuntary sep-
aration of officers. Such a suspension may not continue beyond six
months after the termination of the war or national emergency.

(b) When the preceding sections of this chapter relating to selec-
tion and promotion of officers are suspended in accordance with
subsection (a), and. the needs of the service require, the President
may, under regulations prescribed by him, promote to a higher
grade any officer serving on active duty in the grade of ensign or
above in the Coast Guard.

(c) In time of war, or of national emergency declared by the
President or Congress, the President may, under regulations to be
prescribed by him, promote to the next higher warrant officer grade
any warrant officer serving on active duty in a grade below chief
warrant officer, W-4.

(d) The grade of commodore in the Coast Guard is established
for the purposes of this section.

(e) A promotion under this section to a grade above lieutenant
may be made only upon the recommendation of a board of officers
convened for that purpose.

(f) A promotion under this section shall be made by an appoint-
ment for temporary service. An appointment under this section to a
grade above captain shall be made by the President by and with the
advice and consent of the Senate. An appointment under this section
to grade above lieutenant commander of an officer in the Coast

[Emphasis supplied.]

24-509 O - 13 - 15

206

Guard Reserve shall be made by the President, by and with the
advice and consent of the Senate. Any other appointments under
this section shall be made by the President alone.
_ (g) An appointment under this section, unless expressly declined,
is regarded as accepted on the date specified by the Secretary as the
date of the appointment, and the officer so promoted is entitled to
pay and allowances of the grade to which appointed from that date.

(h) An appointment under this section does not terminate any
appointments held by an officer concerned under any other provi-
sions of this title. The President may terminate temporary appoint-
ments made under this section at any time. An appointment under
this section is effective for such period as the President determines.
However, an appointment may not be effective later thorn, sue months
after the end of the war or national emergency. When his temporary
appointment under this section is terminated or expires, the officer
shall revert to his former grade.

(i) Not later than six months after the end of the war or national
emergency the President shall, under such regulations as he may
prescribe, reestablish the active duty promotion list with adjust-
ments and additions appropriate to the conditions of original
appointment and wartime service of all officers to be included
thereon. The President may, by and with the advice and consent of
the Senate, appoint officers on the reestablished active duty promo-
tion list to fill vacancies in the authorized active duty strength of
each grade. Such appointments shall be considered to have been
made under section 271 of this title. (Added Pub. L. 88-130,
§ 1(10) (C), Sept. 24, 1963, 77 Stat. 182.)

(As amended Pub. L. 92-129, title VI, § 605, Sept. 28, 1971, 85
Stat. 362.)

,14 U.S.C. 331. Recall to active duty dubing war or national

EMERGENCY

In time of war or national emergency, the Secretary may order
any regular officer on the retired list to active duty. (Added Pub. L.
88-130, § 1(10) (C), Sept. 24, 1963, 77 Stat. 189.)

14 U.S.C. 359. Recall to active duty during war or national

EMERGENCY

In time of war or national emergency, the Commandant may
order any enlisted man on the retired list to active duty. (Aue 4
1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, § 18, 64 Stat. 407.)

14 U.S.C. 367. Detention beyond term op enlistment

(a) Under regulations prescribed by the Secretary, an enlisted
ma!\ may be detained in the Coast Guard beyond the term of his

enlistment :

[Emphasis supplied.]

207

(1) until the first arrival of the vessel on which he is serving
at its permanent station, or at a port in a State of the United
States or in the District of Columbia ; or

(2) if attached to a shore station beyond the continental
limits of the United States or in Alaska, until his first arrival
at a port in any State of the United States or in the District of
Columbia where his reenlistment or discharge may be effected,
or until he can be discharged or reenlisted at his station beyond
the continental limits of the United States or in Alaska, which-
ever is earlier, but in no event to exceed three months ; or

(3) during a period of war or national emergency as pro-
claimed by the President, and, in the interest of national
defense, for a period not to exceed six months after the end of
the war or the termination of the emergency ; or

(4) for a period of not exceeding thirty days in other cases
whether or not specifically covered t>y this section, when essen-
tial to the public interests, and the determination that such
detention is essential to the public interests, made in accordance
with regulations prescribed by the Secretary, shall be final and
conclusive.

Any person detained in the Coast Guard as provided in this sec-
tion shall be entitled to receive pay and allowances and benefits
under the same conditions as though his enlistment period had not
expired, and shall be subject in all respects to the laws and regula-
tions for the government of the Coast Guard until his discharge
therefrom. Enlisted men detained under the provisions of (1) of this
subsection shall be entitled to the pay and allowances provided for
enlisted personnel of the Navy detained under similar circumstances.

(b), (c). Repealed. July 24, 1956, ch. 692, § 2 (4), 70 Stat. 631.

(Aug. 4, 1949, ch. 393, 63 Stat. 523; Aug. 3, 1950, ch. 536, § 22, 64
Stat. 407; July 24, 1956, ch. 692, §§ 2 (4), 3, 70 Stat. 631.)

14 U.S.C. 371. Aviation cadets; procurement; transfer

(a) The grade of aviation cadet is established as a special enlisted
grade in the Coast Guard. Under such regulations as the Secretary
prescribes, male citizens in civil life may be enlisted as, and male
enlisted members of the Coast Guard with their consent may be des-
ignated as, aviation cadets.

(b) except in time of wax or national emergency declared by
Congress, not less than 20 per centum of the aviation cadets pro-
cured in each fiscal year shall be procured from qualified enlisted
members of the Coast Guard.

(1) he agrees in writing that, upon his successful completion
of the course of training as an aviation cadet, he will accept a
commission as an ensign in the Coast Guard Reserve and will
serve on active duty as such for at least three years, unless
sooner released ; and

[Emphasis supplied.]

208

(2) if under twenty-one years of age, he has the consent of
his parent or guardian to his agreement,
(d) Under such regulations as the Secretary prescribes, an avia-
tion cadet may be transferred to another enlisted grade or rating in
the Coast Guard, released from active duty, or discharged. (Added
Pub. L. 89^44, § 1 (20), June 9, 1966, 80 Stat. 196.)

14 U.S.C. 491. Medal of Honor

The President may award, and present in the name of Congress, a
medal of honor of appropriate design, with ribbons and appurte-
nances, to a person who, while a member of the Coast Guard, distin-
guishes himself conspicuously by gallantry and intrepidity at the
risk of his life above and beyond the call of duty —

(1) while engaged in an action against an enemy of the
United States;

(2) while engaged in military operations involving conflict
with an opposing foreign force ;

(3) while serving with friendly foreign forces engaged in an
armed conflict against am opposing armed force in which the
United States is not a belligerent party.

(Aug. 4, 1949, ch. 393, 63 Stat. 535; July 25, 1963, Pub. L. 88-77,
§ 4, 77 Stat. 95.)

— N O T E —

Excerpt from House Reft. 412, 88th Coxo., 1st Sess. (1963)

The purpose of the proposed legislation is to expand the
authority for the award of the Medal of Honor, the Distin-
guished Service Cross, the Navy Cross, the Air Force Cross,
and the Silver Star by the various military departments,
and the Coast Guard, with respect to the Medal of Honor,
so the Government can give proper recognition to acts of
heroism and gallantry which may occur during "cold war"
conditions short of situations when our Armed Forces are
at war with an enemy of the United States.

The bill also amends existing law so that personnel
receiving the Medal of Honor under the qualifying provi-
sions of this law will have their names placed on the Medal
of Honor Roll and receive the certificate and pension pro-
vided by sections 561 and 562 of title 38. United States
Code, beginning at age 50.

Present laws which authorize the award of combat deco-
rations prescribe in general that these decorations may only
be awarded to persons who distinguish themselves in actual
conflict with, or military operations against, an armed
enemy of the United States. Under present law the Navy
and Marine Corps may also award the Medal of Honor to a
member of the naval service who distinguishes himself con-

[Emphatiis supplied.]

209

spicuously by gallantry, et cetera, "in the line of his profes-
sion." (10U.S.C.6241).

* * * * * *

For the most part, however, members of the Armed
Forces who perform heroic and gallant acts while serving
in an advisory capacity with, or while assisting in the oper-
ation of friendly foreign forces engaged in armed conflict
to which the United States is not a formal party, may not
be awarded the decorations previously mentioned.

The President, on April 25, 1962, by Executive order,
authorized the award of the Purple Heart and on August
24, 1962, by Executive order, authorized the award of the
Bronze Star Medal to cover cold war activities. The pro-
posed legislation restates the criteria for the award of
combat decorations to make them more consistent with the
criteria announced in the Executive orders, namely, for acts
which occur :

(1) While engaged in an act against an enemy of the
United States ;

(2) while engaged in military operations involving con-
flict with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged
in an armed conflict against opposing armed forces in
which the United States is not a belligerent party.

The United States has over 11,000 men who are making
an outstanding effort to assist the Republic of Vietnam in
its determined war against Communist oppression. The
Army has been awarding the Distinguished Flying Cross
(10 U.S.C. 3749), the Air Medal (Executive Order 9158
amended by Executive Order 9242-A, September 11, 1942),
the Legion of Merit, and the Bronze Star Medal, but there
have been situations where higher awards would have been
made had the authority existed to award them.

The present criteria for the award of these combat deco-
rations should therefore be expanded to permit prompt and
proper recognition of the services and sacrifices of person-
nel who may be involved in such "cold war" activities.

Enactment of the proposed legislation would cause no
significant increase in the budgetary requirements for the
Department of Defense.

The Committee on Armed Services unanimously recom-
mends enactment.

14 U.S.C. 493. Coast Guard medal

The President may present, but not in the name of Congress, a
medal to be known as the Coast Guard medal, of appropriate design,
with accompanying ribbon, together with a rosette or other device to

[Emphasis supplied.]

210

be worn in lieu thereof, to any person who, while serving in any
capacity with the Coast Guard, distinguishes himself by heroism not
involving actual conflict with an enemy. (Aug. 4, 1949, ch. 393, 63
Stat. 535.)

14TJ.S.C. 652. Removing restrictions

Any law removing for the duration of a war or national emer-
gency proclaimed by the President any restriction contained in any
then-existing law as applied to the Navy, including, but not limited
to, restrictions relating to the manner in which purchases may be
made and contracts awarded, fiscal operations, and personnel, shall,
in the same manner and to the same extent, remove such restrictions
as applied to the Coast Guard. (Aug. 4, 1949, ch. 393, 63 Stat 550.)

[COMMISSIONED OFFICERS]

14 U.S.C. 778. Suspension of this subchapter in war or national

EMERGENCY

In time of war or national emergency declared by the Congress,
the President is authorized, in his discretion, to suspend the opera-
tion of all or any of the sections of this subchapter. If any or all of
such sections are suspended by the President under this section, the
Secretary of Defense, prior to the sections suspended being again
placed in operation, shall recommend to Congress necessary legisla-
tion designed to adjust the grades of Reserve officers and such legis-
lation shall be, insofar as practicable, comparable to any similar leg-
islation recommended for adjustment of the grades of officers of the
Regular Coast Guard. (Added Pub. L. 85-861, § 5 (2), Sept, 2, 1958,
72 Stat. 1550.)

— NOTE —

Excerpt from House Reft. 657, 81st Cong., 1st Sess. (1949)

This section is new and provides that any law removing
for the duration of a war or national emergency any
restriction contained in any then-existing law as applied to
the Navy shall operate in the same manner to remove such
restrictions as applied to the Coast Guard. Included are
restrictions relating to the manner in which purchases may
be made and contracts awarded, fiscal operations, and per-
sonnel. This provision is designed to enable the Coast
Guard to operate as efficiently as the Navy Department in
time of war or during a national emergency and would
permit the Coast Guard more effectively to maintain itself
in a state of military readiness during periods of emer-
gency. Since the Coast Guard operates as part of the Navy
in time of war, it is essential that its operations be as flexi-

[Emphasls supplied.]

211

ble and as efficient as those of the Department of which it is
to be a part. This section would prevent inadvertent fail-
ures specifically to mention the Coast Guard in legislation
of the type described in this section from hindering service
operations.

Title 15 — Commerce and Trade

15 U.S.C. 76. Retaliation against restriction of importations in

TIME OF WAR

Whenever, during the existence of a war in which the United
States is not engaged, the President shall be satisfied that there is
reasonable ground to believe that under the laws, regulations, or
practices of any country, colony, or dependency contrary to the law
and practice of nations, the importation into their own or any other
country, dependency, or colony of any article the product of the soil
or industry of the United States and not injurious to health or
morals is prevented or restricted the President is authorized and
empowered to prohibit or restrict during the period such prohibition
or restriction is in force, the importation into the United States of
similar or other articles, products of such country, dependency, or
colony as in his opinion the public interest may require ; and in such
case he shall make proclamation stating the article or articles which
are prohibited from importation into the United States; and any
person or persons who shall import, or attempt or conspire to
import, or be concerned in importing, such article or articles, into
the United States contrary to the prohibition in such proclamation,
shall be liable to a fine of not less than $2,000 nor more than $50,000,
or to imprisonment not to exceed two years, or both, in the discre-
tion of the court. The President may change, modify, revoke, or
renew such proclamation in his discretion. (Sept. 8, 1916, ch. 463, §
805, 39 Stat. 799.)

15 U.S.C. 77. Discrimination against neutral Americans in time

OF WAR

Whenever, during the existence of a war in which the United
States is not engaged, the- President shall be satisfied that there is
reasonable ground to believe that any vessel, American or foreign, is,
on account of the laws, regulations, or practices of a belligerent
Government, making or giving any undue or unreasonable prefer-
ence or advantage in any respect whatsoever to any particular
person, company, firm, or corporation, or any particular description
of traffic in the United States or its possessions or to any citizens of
the United States residing in neutral countries abroad, or is subject-

[Emphasis supplied.]

212

ing any particular person, company, firm, or corporation or any par-
ticular description of traffic in the United States or its possessions,
or any citizens of the United States residing in neutral countries
abroad to any undue or unreasonable prejudice, disadvantage,
injury, or discrimination in regard to accepting, receiving, trans-
porting, or delivering, or refusing to accept, receive, transfer, or
deliver any cargo, freight, or passengers, or in any other respect
whatsoever, he is authorized and empowered to direct the detention
of such vessels by withholding clearance or by formal notice forbid-
ding departure, and to revoke, modify, or renew any such direction.

Whenever, during the existence of a war in which the United
States is not engaged, the President shall be satisfied that there is
reasonable ground to believe that under the laws, regulations, or
practices of any belligerent country or Government, American ships
or American citizens are not accorded any of the facilities of com-
merce which the vessels or citizens of that belligerent country enjoy
in the United States or its possessions, or are not accorded by such
belligerent equal privileges or facilities of trade with vessels or citi-
zens of any nationality other than that of such belligerent, the Pres-
ident is authorized and empowered to withhold clearance from one
or more vessels of such belligerent country until such belligerent
shall restore to such American vessels and American citizens recipro-
cal liberty of commerce and equal facilities of trade; or the Presi-
dent may direct that similar privileges and facilities, if any, enjoyed
by vessels or citizens of such belligerent in the United States or its
possessions be refused to vessels or citizens of such belligerent; and
in such case he shall make proclamation of his direction, stating the
facilities and privileges which shall be refused, and the belligerent
to whose vessels or citizens they are to be refused, and thereafter the
furnishing of such prohibited privileges and facilities to any vessel
or citizen of the belligerent named in such proclamation shall be
unlawful ; and he may change, modify, revoke, or renew such procla-
mation ; and any person or persons who shall furnish or attempt or
conspire to furnish or be concerned in furnishing or in the conceal-
ment of furnishing facilities or privileges to ships or persons con-
trary to the prohibition in such proclamation shall be liable to a fine
of not less than $2,000 nor more than $50,000 or to imprisonment not
to exceed two years, or both, in the discretion of the court.

In case any vessel which is detained by virtue of sections 71 to 77
of this title shall depart or attempt to depart from the jurisdiction
of the United States without clearance or other lawful authority, the
owner or master or person or persons having charge or command of
such vessel shall be severally liable to a fine of not less than $2,000
nor more than $10,000, or to imprisonment not to exceed two years,
or both, and in addition such vessel shall be forfeited to the United
States.

The President of the United States is authorised and empowered
to employ such part of the land or naval forces of the United States
as shall be necessary to carry out the purposes of sections 71 to 77 of
this title. (Sept. 8. 1016, ch. 463, § 806, 39 Stat. 799.)

[Emphasis supplied.]

213

Title 16 — Conservation

16 U.S.C. 440. Same; closure in times of national emergency

The Secretary of the Interior may, in case of a national emer-
gency, close the said Fort McHenry and it may be used for any and
all military purposes during the period of the emergency and for
such period of time thereafter, as the public needs may require.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43 Stat.
1109; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1,
July 28, 1933.)

* * * * * i -*

16 U.S.C. 590p. Limitation on obligations incurred ; Great Plains
Conservation Service

* * * * * * *

(h) Notwithstanding any other provision of law —
(1) For the 1964 crop and the 1965 crop of feed grains, if the
Secretary determines that the total supply of feed grains will, in the
absence of an acreage diversion program, likely be excessive, taking
into account the need for an adequate carryover to maintain reason-
able and stable supplies and prices of feed grains and to meet any
national emergency, he may formulate and carry out an acreage
diversion program for feed grains, without regard to provisions
which would be applicable to the regular agricultural conservation
program, under which, subject to such terms and conditions as the
Secretary determines, conservation payments in amounts determined
by the Secretary to be fair and reasonable shall be made to produc-
ers who divert acreage from the production of feed grains to an
approved conservation use and increase their average acreage of
crop-land devoted in 1959 and 1960 to designated soil-conserving
crops or practices including summer fallow and idle land by an
equal amount. Payments shall not be made in amounts in excess of
50 per centum of the estimated basic county support rate, including
that part of the support price made available through payments in
kind, on the normal production of the acreage diverted from the
commodity on the farm based on its adjusted average yield per acre.
Notwithstanding the foregoing provisions, the Secretary may permit
such diverted acreage to be devoted to the production of guar,
sesame, safflower, sunflower, castor beans, mustard seed, and flax, if
he determines that such crops are not in surplus supply and will not
be in surplus supply if permitted to be grown on the diverted
acreage, subject to the condition that payment with respect to
diverted acreage devoted to any such crop shall be at a rate deter-
mined by the Secretary to be fair and reasonable, taking into consid-
eration the use of such acreage for the production of such crops, but
in no event shall the payment exceed one-half the rate which would

[Emphasis supplied.]

214

otherwise be applicable if such acreage were devoted to co°ser™'5 ™
uses, and no price support shall be made available for the proauc-
tion of any such crop on such diverted acreage. The base period lor
the purpose of determining the adjusted average yield in the case of
payments with respect to the 1964 crop shall be the four-year P6™?
1959-1962, and in the case of payments with respect to the 1965
crop shall be the five-year period 1959-1963. The term "feed grams
means corn, grain sorghums, barley, and, if for any crop the pro-
ducer so requests for purposes of having acreage devoted to the pro-
duction of what considered as devoted to the production of feed
grains, pursuant to the provisions of section 328 of the Food and
Agriculture Act of 1962, the term "feed grains" shall include oats
and rye: Provided, That acreages of corn, grain sorghums, and
barley shall not be planted in lieu of acreages of oats and rye: Pro-
vided further, That the acreage devoted to the production of wheat
shall not be considered as an acreage of feed grains for purposes of
establishing the feed grain base acreage for the farm for subsequent
crops. Such feed grain diversion program shall require the producer
to take such measures as the Secretary may deem appropriate to
keep such diverted acreage free from erosion, insects, weeds, and
rodents. The acreage eligible for participation in the program shall
be such acreage (not to exceed 50 per centum of the average acreage
on the farm devoted to feed grains in the crop years 1959 and 1960
or twnety-five acres, whichever is greater) as the Secretary deter-
mines necessary to achieve the acreage reduction goal for the crop.
Payments shall be made in kind. The average acreage of wheat pro-
duced on the farm during the crop years 1959, 1960, and 1961, pur-
suant to the exemption provided in section 335(f) of the Agricul-
tural Adjustment Act of 1938, prior to its repeal by the Food and
Agriculture Act of 1962, in excess of the small farm base acreage
for wheat established under section 1335 of Title 7, shall be consid-
ered as an acreage of feed grains produced in the crop years of 1959
and 1960 for purposes of establishing the feed grain base acreage for
the farm, and the rate of payment for diverting such wheat shall be
an amount determined by the Secretary to be fair and reasonable in
relation to the rates of payment for diverting feed grains. The Sec-
retary may make such adjustments in acreage and yields as he deter-
mines necessary to correct for abnormal factors affecting production,
and to give due consideration to tillable acreage, crop-rotation prac-
tices, types of soil, soil and water conservation measures, and
topography. To the extent that a producer proves the actual
acreages and yields for the farm, such acreages and yields shall be
used in making determinations. Notwithstanding any other provision
of this subsection (^(l),1 the Secretary may, upon unanimous
request of the State committee established pursuant to section
590h(b) of this title, adjust the feed grain bases for farms within
any State or county to the extent he determines such adjustment to
be necessary in order to establish fair and equitable feed grain bases
for farms within such State or county. The Secretary may make not

1 So In original. There is no subsection (I) (1) ,- probably should be "subsec-
tion (h)(1)."

215

to exceed 50 per centum of any payments to producers in advance of
determination of performance : Provided, That in no event shall the
Secretary in the crop years 1964 or 1965 make payments to any pro-
ducers under this subsection and under section 105(d) of the Agri-
cultural Act of 1949, as amended, in excess of 20 per centum of the
fair market value of any acreage involved. Notwithstanding any
other provision of this subsection (h)(1), barley shall not be
included in the program for a producer of malting barley exempted
pursuant to section 105(d) of the Agricultural Act of 1949 who par-
ticipates only with respect to corn and grain sorghums and does not
knowingly devote an acreage on the farm to barley in excess of 110
per centum of the average acreage devoted on the farm to barley in
1959 and 1960.

(2) Notwithstanding any other provision of this subsection, not to
exceed 1 per centum of the estimated total feed grain bases for all
farms in a State for any year may be reserved from the feed grain
bases established for farms in the State for apportionment to farms
on which there were no acreages devoted to feed grains in the crop
years 1959 and 1960 on the basis of the following factors: Suitabil-
ity of the land for the production of feed grains, the past experience
of the farm operator in the production of feed grains, the extent to
which the farm operator is dependent on income from farming for
his livelihood, the production of feed grains on other farms owned,
operated, or controlled by the farm operator, and such other factors
as the Secretary determines should be considered for the purpose of
establishing fair and equitable feed grain bases. An acreage equal to
the feed grain base so established for each farm shall be deemed to
have been devoted to feed grains on the farm in each of the crop
years 1959 and 1960 for purposes of this subsection except that pro-
ducers on such farm shall not be eligible for conservation payments
for the first year for which the feed grain base is established.

(3) There are hereby authorized to be appropriated such amounts
as may be necessary to enable the Secretary to carry out this subsec-
tion.

(4) The Secretary shall provide by regulations for the sharing of
payments under this subsection among producers on the farm on a
fair and equitable basis and in keeping with existing contracts.

(5) Payments in kind shall be made through the issuance of nego-
tiable certificates which the Commodity Credit Corporation shall
redeem for feed grains and, notwithstanding any other provision of
law, the Commodity Credit Corporation shall, in accordance with
regulations prescribed by the Secretary, assist the producer in the
marketing of such certificates. In the case of any certificate not pre-
sented for redemption within thirty days of the date of its issuance,
reasonable costs of storage and other carrying charges, as deter-
mined by the Secretary, for the period beginning thirty days after
its issuance and ending with the date of its presentation for redemp-
tion shall be deducted from the value of the certificate. Feed grains
with which Commodity Credit Corporation redeems certificates pur-
suant to this paragraph shall be valued at not less than the current
support price, minus that part of the current support price made

216

available through payments in kind, plus reasonable carrying

(ef^otwithstanding any other provision of law, the Secretary
may, by mutual agreement with the producer, terminate or modify
any agreement previously entered into pursuant to this subsection if
he determines such action necessary because of am, emergency created
by drought or other disaster or in order to prevent or alleviate a
shortage in the supply of feed grains.

(i) Notwithstanding any other provision of law —

(1) For the 1966 through 1970 crops of feed grains, if the
Secretary determines that the total supply of feed grains will,
in the absence of an acreage diversion program, likely be exces-
sive, taking into account the need for an adequate carryover to
maintain reasonable and stable supplies and prices of feed
grains and to meet any national emergency, he may formulate
and carry out an acreage diversion program for feed grains,
without regard to provisions which would be applicable to the
regular agricultural conservation program, under which, subject
to such terms and conditions as the Secretary determines, con-
servation payments shall be made to producers who divert
acreage from the production of feed grains to an approved con-
servation use and increase their average acreage of cropland
devoted in 1959 and 1960 to designated soil-conserving crops or
practices including summer fallow and idle land by an equal
amount. Payments shall be made at such rate or rates as the
Secretary determines will provide producers with a fair and
reasonable return for the acreage diverted, but not in excess of
50 per centum of the estimated basic county support rate,
including the lowest rate of payment-in-kind, on the normal
production of the acreage diverted from the commodity on the
farm based on the farm projected yield per acre. Notwithstand-
ing the foregoing provisions, the Secretary may permit all or
any part of such diverted acreage to be devoted to the produc-
tion of guar, sesame, safflower, sunflower, castor beans, mustard
seed, crambe, plantago ovato, and flaxseed, if he determines that
such production of the commodity is needed to provide an ade-
quate supply, is not likely to increase tile cost of the price sup-
port program, and will not adversely affect farm income subject
to the condition that payment with respect to diverted acreage
devoted to any such crop shall be at a rate determined by the
Secretary to be fair and reasonable, taking into consideration
the use of such acreage for the production of such crops, but in
no event shall the payment exceed one-half the rate which other-
wise would be applicable if such acreage were devoted to con-
servation uses. The term "feed grains" means corn, grain sor-
ghums, and, if designated by the Secretary, barley, and if for any
crop the producer so requests for purposes of having acreage
devoted to the production of wheat considered as devoted to the
production of feed grains, pursuant to the provisions of section
1339c of Title 7, the term "feed grains" shall include oats and
[Emphasis supplied.]

217

rye and barley if not designated by the Secretary as provided
above: Provided, That acreages of corn, grain sorghums, and,
if designated by the Secretary, barley, shall not be planted in
lieu of acreages of oats and rye and barley if not designated by
the Secretary as provided above: Provided further, That the
acreage devoted to the production of wheat shall not be consid-
ered as an acreage of feed grains for purposes of establishing
the feed grain base acreage for the farm for subsequent crops.
Such feed grain diversion programs shall require the producer
to take such measures as the Secretary may deem appropriate to
keep such diverted acreage free from erosion, insects, weeds, and
rodents. The acreage eligible for participation in the program
shall be such acreage (not to exceed 50 per centum of the aver-
age acreage on the farm devoted to feed grains in the crop years
1959 and 1960 or twenty-five aereas, whichever is greater) as the
Secretary determines necessary to achieve the acreage reduction
goal for the crop. Payments shall be made in kind. The acreage
of wheat produced on the farm during the crop years 1959,
1960, and 1961, pursuant to the exemption provided in section
1335(f) of the Title 7, prior to its repeal by the Food and Agri-
culture Act of 1962, in excess of the small farm base acreage for
wheat established under section 1335 of Title 7, may be taken
into consideration in establishing the feed grain base acreage
for the farm. The Secretary may make such adjustments in
acreage as he determines necessary to correct for abnormal fac-
tors affecting production, and to give due consideration to tilla-
ble acreage, crop-rotation practices, types of soil, soil and water
conservation measures, and topography. Notwithstanding any
other provision of this subsection (i)(l), the Secretary may,
upon unanimous request of the State committee established pur-
suant to section 590h(b) of this title, adjust the feed grain bases
for farms within any State or county to the extent he deter-
mines such adjustment to be necessary in order to establish fair
and equitable feed grain bases for farms within such State or
county. The Secretary may make not to exceed 50 per centum of
any payments to producers in advance of determination of per-
formance. Notwithstanding any other provision of this subsec-
tion, barley shall not be included in the program for a producer
of malting barley exempted pursuant to section 105(e) of the
Agricultural Act of 1949, who participates only with respect to
corn and grain sorghums and does not knowingly devote an
acreage on the farm to barley in excess of 110 per centum of
the average acreage devoted on the farm to barley in 1959 and
1960.

(2) Notwithstanding any other provision of this subsection,
not to exceed 1 per centum of the estimated total feed grain
base for all farms in a State for any year may be reserved from
the feed grain bases established for farms in the State for
apportionment to farms on which there were no acreages
devoted to feed grains in the crop years 1959 and 1960 on the

218

basis of the following factors: Suitability of the land for the
production of feed grains, the past experience of the farm °Pe/'"
ator in the production of feed grains, the extent to which the
farm operator is dependent on income from farming for his live-
lihood, the production of feed grains on other farms owned,
operated, or controlled by the farm operator, and such other
factors as the Secretary determines should be considered for the
purpose of establishing fair and equitable feed grain bases. An
acreage equal to the feed grain base so established for each farm
shall be deemed to have been devoted to feed grains on the farm
in each of the crop years 1959 and 1960 for purposes of this
subsection except that producers on such farm shall not be eligi-
ble for conservation payments for the first year for which the

(3) There are hereby authorized to be appropriated such
amounts as may be necessary to enable the Secretary to carry
out this subsection (i).

(4) The Secretary shall provide by regulations for the shar-
ing of payments under this subsection among producers on the
farm on a fair and equitable basis and in keeping with existing
contracts.

(5) Payments in kind shall be made through the issuance of
negotiable certificates which the Commodity Credit Corporation
shall redeem for feed grains in accordance with regulations pre-
scribed by the Secretary and, notwithstanding any other provi-
sion of law, the Commodity Credit Corporation shall, in accord-
ance with regulations prescribed by the Secretary, assist the
producer in the marketing of such certificates. Feed grains with
which Commodity Credit Corporation redeems certificates pur-
suant to this paragraph shall be valued at not less than the cur-
rent support price made available through loans and purchases,
plus reasonable carrying charges.

(6) Notwithstanding any other provision of law, the Secre-
tary may, by mutual agreement with the producer, terminate or
modify any agreement previously entered into pursuant to this
subsection if he determines such action necessary because of an
emergency created hy drought or other disaster, or in order to
prevent or alleviate a shortage in the supply of feed grains.

(Apr. 27, 1935, ch. 85, § 16, as added Feb. 29, 1936, ch. 104, § 1, 49
Stat. 1151, and amended Aug. 7, 1956, ch. 1030, § 1, 70 Stat. 1115;
Sept. 14, 19G0, Pub. L. 86-793, § 1, 74 Stat. 1030; Mar. 22, 1961,
Pul). I.. 87-5, § 2, 75 Stat. 6; Aug. 8, 1961, Pub. L. 87-128, title I,
§ 132, title IV, § 401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L.
87-425, § 2, 76 Stat. 50; May 15, 1962, Pub. L. 87^51, § 4, 76 Stat.
70; Sept. 27, 1962, Pub. L. 87-703, title I, § 101 (4), (5). title III,
§302, 76 Stat. 606, 612; May 20, 1963, Pub. L. 88-26, §3, 77 Stat.
45.) Nov. 3. 1965, Pub. L. 89-321. title III, §302, title VI,
§ 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L. 90-559, § 1(1) 82
Stat. 996; Nov. 18, 1969, Pub. L. 91-118, §§ 1-3, 83 Stat. 1.94, 195-
Nov. 30, 1970, Pub. L. 91-524, title VIII, §801, 84 Stat. 1379.)

[Emphasis supplied.]

219

16 U.S.C. 809. Temporary use by Government of project works

FOR NATIONAL SAFETY ; COMPENSATION FOR USE

When in the opinion of the President of the United States, evi-
denced by a written order addressed to the holder of any license
under this chapter, the safety of the United States demands it, the
United States shall have the right to enter upon and take possession
of any project or part thereof, constructed, maintained, or operated
under said license, for the purpose of manufacturing nitrates, explo-
sives, or munitions of war, or for any other purpose involving the
safety of the United States, to retain possession, management, and
control thereof for such length of time as may appear to the Presi-
dent to be necessary to accomplish said purposes, and then to restore
possession and control to the party or parties entitled thereto; and
in the event that the United States shall exercise such right it shall
pay to the party or parties entitled thereto just and fair compensa-
tion for the use of said property as may be fixed by the commission
upon the basis of a reasonable profit in time of peace, and the cost of
restoring said property to as good condition as existed at the time of
the taking over thereof, less the reasonable value of any improve-
ments that may be made thereto by the United States and which are
valuable and serviceable to the licensee. (June 10, 1920, ch. 285, § 16,
41 Stat. 1072.)

16 U.S.C. 824a. Interconnection and coordination of facilities;
emergencies; transmission to foreign countries

(a) Regional districts; establishment; notice to State commissions.
For the purpose of assuring an abundant supply of electric energy

throughout the United States with the greatest possible economy and
with regard to the proper utilization and conservation of natural re-
sources, the Commission is empowered and directed to divide the coun-
try into regional districts for the voluntary interconnection and co-
ordination of facilities for the generation, transmission, and sale of
electric energy, and it may at any time thereafter, upon its own mo-
tion or upon application, make such modifications thereof as in its
judgment will promote the public interest. Each such district shall
embrace an area which, in the judgment of the Commission, can eco-
nomically be served by such interconnected and coordinated electric
facilities. It shall be the duty of the Commission to promote and en-
courage such interconnection and coordination within each such dis-
trict and between such districts. Before establishing any such district
and fixing or modifying the boundaries thereof the Commission shall
give notice to the State commission of each State situated wholly or in
part within such district, and shall afford each such State commission
reasonable opportunity to present its views and recommendations, and
shall receive and consider such views and recommendations.

(b) Sale or exchange of energy; establishing physical connections.

Whenever the Commission, upon application of any State commis-
sion or of any person engaged in the transmission or sale of electric
energy, and after notice to each State commission and public utility

[Emphasis supplied.]

220

affected and after opportunity for hearing, finds such action necessary
or appropriate in the public interest it may by order direct a public
utility (if the Commission finds that no undue burden will be placed
upon' such public utility thereby) to establish physical connection of
its transmission facilities with the facilities of one or more other per-
sons engaged in the transmission or sale of electric enersry, to sell energy
to or exchange energy with such persons : Provided, That the commis-
sion shall have no authority to compel the enlargement of generating
facilities for such purposes, nor to compel such public utility to sell or
exchange energy when to do so would impair its ability to render ade-
quate service to its customers. The Commission may prescribe the
terms and conditions of the arrangement to be made between the per-
sons affected by any such order, including the apportionment of cost
between them and the compensation or reimbursement reasonably due
toanyof them. j

During the continuance of any war in which the United States is
engaged, or whenever the Commission determines that an emergency
exists by reason of a sudden increase in the demand for electric en-
ergy, or a shortage of electric energy or of facilities for the generation
or transmission of electric energy, or of fuel or water for generating
facilities, or other causes, the Commission shall have authority, either
upon its own motion or upon complaint, with or without notice, hear-
ing, or report, to require by order such temporary connections of facili-
ties and such generation, delivery, interchange, or transmission of
electric energy as in its judgment will best meet the emergency and
serve the public interest. If the parties affected by such order fail to
agree upon the terms of any arrangement between them in carrying
out such order, the Commission, after hearing held either before or
after such order takes effect, may prescribe by supplemental order such
terms as it finds to be just and reasonable, including the compensation
or reimbursement which should be paid to or by any such party.

(d) Temporary connection during emergency by persons without
jurisdiction of Commission.

During the continuance of any emergency requiring immediate ac-
tion, any person engaged in the transmission or sale of electric energy
and not otherwise subject to the jurisdiction of the Commission may
make such temporary connections with any public utility subject to
the jurisdiction of the Commission or may construct such temporary
facilities for the transmission of electric energy in interstate commerce
as may be necessary or appropriate to meet such emergency, and shall
not become subject to the jurisdiction of the Commission by reason of
such temporary connection or temporary construction : Provided, That
such temporary connection shall be discontinued or such temporary
construction removed or othrewise disposed of upon the termination
of such emergency: Provided further, That upon approval of the
Commission permanent connections for emergency use only may be
made hereunder.

(e) Transmission of electric energy to foreign country.

After six months from August 26, 1935, no person shall transmit
any electric energy from the United States to a foreign country with

221

out first having secured an order of the Commission authorizing it
to do so. The Commission shall issue such order upon application un-
less, after opportunity for hearing, it finds that the proposed trans-
mission would impair the sufficiency of electric supply within the
United States or would impede or tend to impede the coordination in
the public interest of facilities subject to the jurisdiction of the Com-
mission. The Commission may by its order grant such application in
whole or in part, with such modifications and upon such terms and
conditions as the Commission may find necessary or appropriate, and
may from time to time, after opportunity for hearing and for good
cause shown, make such supplemental orders in the premises as it may
find necessary or appropriate.

(f ) Transmission or sale at wholesale of electric energy ; regulation.

The ownership or operation of facilities for the transmission or
sale at wholesale of electric energy which is (a) generated within a
State and transmitted from that State across an international bound-
ary and not thereafter transmitted into any other State, or (b) gen-
erated in a foreign country and transmitted across an international
boundary into a State and not thereafter transmitted into any other
State, shall not make a person a public utility subject to regulation
as such under other provisions of this subchapter. The State within
which any such facilities are located may regulate any such transac-
tion insofar as such State regulation does not conflict with the exercise
of the Commission's powers under or relating to subsection (e) of this
section. (June 10, 1920, ch. 285, § 202. as added Aug. 26, 1935, ch. 687,
title II, § 213, 49 Stat. 847, and amended Aug. 7, 1953, ch. 343, 67 Stat.
461.)

[Chapter 12A — Tennessee Valley Authority]
16 U.S.C. 831d. Directors; maintenance and operation of plant

FOR PRODUCTION, SALE, AND DISTRIBUTION OF FERTILIZER AND POWER

The board is authorized —

(a) To contract with commercial producers for the production of
such fertilizers or fertilizer materials as may be needed in the Gov-
ernment's program of development and introduction in excess of
that produced by Government plants. Such contracts may provide
either for outright purchase of materials by the board or only for
the payment of carrying charges on special materials manufactured
at the board's request for its program.

(b) To arrange with farmers and farm organizations for large-
scale practical use of the new forms of fertilizers under conditions
permitting an accurate measure of the economic return they produce.

(c) To cooperate with National, State, district, or county experi-
mental stations or demonstration farms, with farmers, landowners,
and associations of farmers or landowners, for the use of new forms
of fertilizer or fertilizer practices during the initial or experimental
period of their introduction, and for promoting the prevention of
soil erosion by the use of fertilizers and otherwise.

(d) The board, in order to improve and cheapen the production
of fertilizer, is authorized to manufacture and sell fixed nitrogen,

24-509 O - 73 - 16

222

fertilizer, and fertilizer ingredients at Muscle Shoals by the employ-
ment of existing facilities, by modernizing existing plants, or by any
other process or processes that in its judgment shall appear wise and
profitable for the fixation of atmospheric nitrogen or the cheapening
of the production of fertilizer.

(e) Under the authority of this chapter the board may make
donations or sales of the product of the plant or plants operated by
it to be fairly and equitably distributed through the agency of
county demonstration agents, agricultural colleges, or otherwise as
the board may direct, for experimentation, education, and introduc-
tion of the use of such products in cooperation with practical farm-
ers so as to obtain information as to the value, effect, and best meth-
ods of their use.

(f) The board is authorized to make alterations, modifications, or
improvements in existing plants and facilities, and to construct new
plants.

(g) In the event it is not used for the fixation of nitrogen for
agricultural purposes or leased, then the board shall maintain in
stand-by condition nitrate plant numbered 2, or its equivalent, for
the fixation of atmospheric nitrogen, for the production of explo-
sives in the event of war or a national emergency, until the Congress
shall by joint resolution release the board from this obligation, and
if any part thereof be used by the board for the manufacture of
phosphoric acid or potash, the balance of nitrate plant numbered 2
shall be kept in stand-by condition.

(h) To establish, maintain, and operate laboratories and experi-
mental plants, and to undertake experiments for the purpose of ena-
bling the Corporation to furnish nitrogen products for military pur-
poses, and nitrogen and other fertilizer products for agricultural
purposes in the most economical manner and at the highest standard
of efficiency.

(i) To request the assistance and advice of any officer, agent, or
employee of any executive department or of any independent office
of the United States, to enable the Corporation the better to carry
out its powers successfully, and as far as practicable shall utilize the
services of such officers, agents, and employees, and the President
shall, if in his opinion the public interest, service, or economy so
require, direct that such assistance, advice, and service be rendered
to the Corporation, and any individual that may be by the President
directed to render such assistance, advice, and service shall be there-
after subject to the orders, rules, and regulations of the board: Pro-
vided. That any invention or discovery made by virtue of and inci-
dental to such service by an employee of the Government of the
United States serving under this section, or by any employee of the
Corporation, together with any patents which may be granted
thereon, shall be the sole and exclusive property of the Corporation,
which is authorized to grant such licenses thereunder as shall be
authorized by the board : Provided further, That the board may pay
to such inventor such sum from the income from sale of licenses as
it may deem proper.

(j) Upon the requisition of the Secretary of the Army or the Sec-
retary of the Navy to manufacture for and sell at cost to the United
States explosives or their nitrogenous content.

223

(k) Upon the requisition of the Secretary of the Army, the Cor-
poration shall allot and deliver without charge to the Department of
the Army so much power as shall be necessary in the judgment of
said Department for use in operation of all locks, lifts, or other
facilities in aid of navigation.

(1) To produce, distribute, and sell electric power, as herein par-
ticularly specified.

(m) No products of the Corporation except ferrophosphorus shall
be sold for use outside of the United States, its Territories and pos-
sessions, except to the United States Government for the use of its
Army and Navy, or to its allies in case of war or, until six months
after the termination of the national emergency proclaimed by the
President on December 16, 1950, or until such earlier date or dates
as the Congress by concurrent resolution or the President may pro-
vide but in no event after April 1, 1953, to nations associated with
the United States in defense activities. (May 18, 1933, ch. 32, § 5, 48
Stat. 61; Aug. 31, 1935, ch. 836, § 4, 49 Stat. 1076; July 3, 1952, ch.
570, § 2 (a), 66 Stat. 334; Aug. 6, 1959, Pub. L. 86-137, § 3, 73
Stat. 285.)

—NOTE—

Excerpt from House Rept. 48, 73d Cong., 1st Sess. (1933)

national defense

Intimately interlocked with the production in peace of
nitrogenous fertilizers is preparedness for national defense
in time of war. But whether large-scale production of fer-
tilizers is carried on at Muscle Shoals, we are assured that
nitrate plant no. 2 will be maintained in stand-by condition
for the manufacturer of explosives, until Congress shall
have by joint resolution released the Authority from that
obligation. These sites should never be sold without express
approval of Congress.

16 U.S.C. 831n-4. Bonds for financing power program

(a) Authorization; amount; use of proceeds; restriction on con-
tracts for sale or delivery of power ; exchange power arrangements ;
payment of principal and interest ; bond contracts.

The Corporation is authorized to issue and sell bonds, notes, and
other evidences of indebtedness (hereinafter collectively referred to
as "bonds") in an amount not exceeding $5,000,000,000 outstanding
at any one time to assist in financing its power program and to
refund such bonds. The Corporation may, in performing functions
authorized by this chapter, use the proceeds of such bonds for the
construction, acquisition, enlargement, improvement, or replacement
of any plant or other facility used or to be used for the generation
or transmission of electric power (including the portion of any mul-
tiple-purpose structure used or to be used for power generation) as

[Emphasis supplied.]

224

may be required in connection with the lease, lease-purchase, or any
contract for the power output of any such plant or other facility;
and for other purposes incidental thereto. Unless otherwise specifi-
cally authorized by Act of Congress the Corporation shall make no
contracts for the sale or delivery of power which would have the
effect of making the Corporation or its distributors, directly or indi-
rectly, a source of power supply outside the area for which the Cor-
poration or its distributors were the primary source of power supply
on July 1, 1957, and such additional area extending not more than
five miles around the periphery of such area as may be necessary to
care for the growth of the Corporation and its distributors within
said area: Provided, however, That such additional area shall not in
any event increase by more than 21/4 per centum (or two thousand
square miles, whichever is the lesser) the area for which the Corpo-
ration and its distributors were the primary source of power supply
on July 1, 1957: And provided further, That no part of such addi-
tional area may be in a State not now served by the Corporation or
its distributors or in a municipality receiving electric service from
another source on or after July 1, 1957, and no more than five
hundred square miles of such additional area may be in any one
State now served by the Corporation or its distributors.

Nothing in this subsection shall prevent the Corporation or its
distributors from supplying electric power to any customer within
any area in which the Corporation or its distributors had generally
established electric service on July 1, 1957, and to which electric
service was not being supplied from any other source on the effective
date of this Act.

Nothing in this subsection shall prevent the Corporation, when
economically feasible, from making exchange power arrangements
with other power-generating organizations with which the Corpora-
tion had such arrangements on July 1, 1957, nor prevent the Corpo-
ration from continuing to supply power to Dyersburg, Tennessee,
and Covington, Tennessee, or from entering into contracts to supply
or from supplying power to the cities of Paducah, Kentucky;
Princeton, Kentucky; Glasgow, Kentucky; Fulton. Kentucky; Mon-
ticello, Kentucky; Hickman, Kentucky; Chickamauga, Georgia;
Ringgold, Georgia; Oak Ridge, Tennessee; and South Fulton. Ten-
nessee; or agencies thereof; or from entering into contracts to
supply or from supplying power for the Naval Auxiliary Air Sta-
tion in Lauderdale and Kemper Counties, Mississippi, through the
facilities of the East Mississippi Electric Power Association: Pro-
vided further, That nothing herein contained shall prevent the
transmission of TVA power to the Atomic Energy Commission or
the Department of Defense or any agency thereof, on certification
by the President of the United States that an emergency defense
need for such power exists. Nothing in this chapter shall affect the
present rights of the parties in any existing lawsuits involving
efforts of towns in the same general area where TVA power is sup-
plied to obtain TVA power.

[Emphasis supplied.]

225

The principal of and interest on said bonds shall be payable solely
from the Corporation's net power proceeds as hereinafter defined.
Net power proceeds are defined for purposes of this section as the
remainder of the Corporation's gross power revenues after deducting
the costs of operating, maintaining, and administering its power
properties (including costs applicable to that portion of its multi-
ple-purpose properties allocated to power) and payments to States
and counties in lieu of taxes but before deducting depreciation
accruals or other charges representing the amortization of capital
expenditures, plus the net proceeds of the sale or other disposition
of any power facility or interest therein, and shall include reserve or
other funds created from such sources. Notwithstanding the provisions
of section 831y of this title or any other provision of law, the Cor-
poration may pledge and use its net power proceeds for payment of
the principal of and interest on said bonds, for purchase or redemp-
tion thereof, and for other purposes incidental thereto, including
creation of reserve funds and other funds which may be similarly
pledged and used, to such extent and in such manner as it may deem
necessary or desirable. The Corporation is authorized to enter into
binding covenants with the holders of said bonds — and with the
trustee, if any — under any indenture, resolution, or other agreement
entered into in connection with the issuance thereof (any such agree-
ment being hereinafter referred to as a "bond contract") with
respect to the establishment of reserve funds and other funds, ade-
quacy of charges for supply of power, application and use of net
power proceeds, stipulations concerning the subsequent issuance of
bonds or the execution of leases or lease-purchase agreements relat-
ing to power properties, and such other matters, not inconsistent
with this chapter, as the Corporation may deem necessary or desira-
ble to enhance the marketability of said bonds. The issuance and sale
of bonds by the Corporation and the expenditure of bond proceeds
for the purposes specified herein, including the addition of generat-
ing units to existing power-producing projects and the construction
of additional power-producing projects, shall be subject to the
requirements or limitations of any other law.

*******

16 U.S.C. 831s. Possession by Government in time of wak; damages

TO CONTRACT HOLDERS

The Government of the United States reserves the right, in case
of war or national emergency declared by Congress, to take posses-
sion of all or any part of the property described or refen-ed to in
this chapter for the purpose of manufacturing explosives or for
other war purposes; but, if this right is exercised by the Govern-

[Emphasis supplied.]

226

ment, it shall pay the reasonable and fair damages that may be suf-
fered by any party whose contract for the purchase of electric power
or fixed nitrogen or fertilizer ingredients is violated, after the
amount of the damages has been fixed by the United States Court of
Claims in proceedings instituted and conducted for that purpose
under rules prescribed by the court. (May 18, 1933, ch. 32, § 20, 48
Stat. 68.)

— N O T E —

Excerpt from House Reft. 48, 73d Cong., 1st Sess. (1933)
salvage value of war investment

Unlike practically every other war project and war-time
enterprise, this Muscle Shoals property has a great peace-
time value for both agriculture and industry, in supplying
both fertilizers and power, and also has a future value for
national defense. In time of war our armies and fleets will
use increasing quantities of nitrate explosives. Happily, the
more we know about fixing nitrogen for agricultural pur-
poses, the more rapidly we will be able to fix nitrogen for
military purposes. The Muscle Shoals property is situated
far inland, where it is unlikely, if not impossible, that
enemy airplanes or airships may ever destroy it by bombing
from the air. Plantr situated within bombing distance of
enemy airplane carriers are not dependable for war-time
explosive supplies.

*******

NATIONAL DEFENSE

Intimately interlocked with the production in peace of
nitrogenous fertilizers is preparedness for national defense
in time of war. But whether large-scale production of ferti-
lizers is carried on at Muscle Shoals, we are assured that
nitrate plant no. 2 will be maintained in stand-by condition
for the manufacture of explosives, until Congress shall have
by joint resolution released the Authority from that obliga-
tion. These sites should never be sold without express
approval of Congress.

—NOTE—

Excerpt from House Kept. 130, 73d Cono., 1st Sess. (1933)

A most important provision in the House bill was the one
requiring that nitrate plant no. 2, the big nitrate plant, be
kept in stand-by condition for war purposes, in the event it
was not being operated for the fixation of nitrogenous ferti-
lizer. There was no similar provision in the Senate amend-
ment and the House provision was incorporated in the con-
ference amendment. This safeguards national defense.

227

16 U.S.C. 832g. Purchase of supplies and services

Notwithstanding any other provision of law, all purchases and
contracts made by the administrator or the Secretary of the Army
for supplies or for services except for personal services, shall be
made after advertising, in such manner and at such times,
sufficiently in advance of opening bids, as the administrator or Sec-
retary of the Army, as the case may be, shall determine to be ade-
quate to insure notice and opportunity for competition. Such adver-
tisement shall not be required, however, when (1) an emergency
requires immediate delivery of the supplies or performance of the
services; or (2) repair parts, accessories, supplemental equipment, or
services are required for supplies or services previously furnished or
contracted for; or (3) the aggregate amount involved in any pur-
chase of supplies or procurement of services does not exceed $500 ; in
which cases such purchases of supplies or procurement of services
may be made in the open market in the manner common among
businessmen. In comparing bids and in making awards, the adminis-
trator or the Secretary of the Army, as the case may be, may con-
sider such factors as relative quality and adaptability of supplies or
services, the bidder's financial responsibility, skill, experience, record
of integrity in dealing, an abilty to furnish repairs and mainte-
nance services, the time of delivery or performance offered, and
whether the bidder has complied with the specifications. (Aug. 20,
1937, ch. 720, § 8, 50 Stat. 735.)

1(5 U.S.C. 833f. Purchase of supplies and services

Notwithstanding any other provision of law, all purchases and
contracts made by the Bureau or the Secretary of the Army for sup-
plies or for services, except for personal services, shall be made after
advertising, in such manner and at such times, sufficiently in
advance of opening bids, as the Bureau or Secretary of the Army, as
the case may be, shall determine to be adequate to insure notice and
opportunity for competition. Such advertisement shall not be
required, however, when (1) an emergency requires immediate deliv-
ery of the supplies or performanve of the services; or (2) repair
parts, accessories, supplemental equipment, or services are required
for supplies or services previously furnished or contracted for; or
(3) the aggregate amount involved in any purchase of supplies or
procurement of services does not exceed $500; in which cases such
purchase of supplies or procurement of services may be made in the
open market in the manner common among businessmen. In compar-
ing bids and in making awards, the Bureau or the Secretary of the
Army, as the case may be, may consider such factors as relative
quality and adaptability of supplies or services, the bidder's finan-
cial responsibility, skill, experience, record of integrity in dealing,
and ability to furnish repairs and maintenance services, the time of

[Emphasis supplied.!

228

delivery or performance offered, and whether the bidder has com-
plied with the specifications. (May 18, 1938, ch. 250, § 7, 52 Stat.
406.)

Title 18 — Crimes and Criminal Prooedfre

18 U.S.O. 793. Gathering, transmitting or losing defense
information

(a) Whoever, for the purpose of obtaining information respecting
the national defense with intent or reason to believe that the infor-
mation is to be used to the injury of the United States, or to the
advantage of any foreign nation, goes upon, enters, flies over, or oth-
erwise obtains information concerning any vessel, aircraft, work of
defense, navy yard, naval station, submarine base, fueling station,
fort, battery, torpedo station, dockvard, canal, railroad, arsenal,
camtv. factory, mine, telegraph, telephone, wireless, or signal station,
building, office, research laboratorv or station or other place con-
nected with the national defense owned or constructed, or in prog-
ress of construction by the United States or under the control of the
United States, or of any of its officers, departments, or agencies, or
within the exclusive jurisdiction of the United States, or any place
in which any vessel, aircraft, arms, munitions, or other materials or
instruments for use in time of war are being made, prepared,
repaired, stored, or are the subject of research or development, under
any contract or agreement with the United States, or any depart-
ment or agency thereof, or with any person on behalf of the United
States, or otherwise on behalf of the United States, or any prohib-
ited place so designated by the President by proclamation in time of
war or in case of national emergency in which anything for the use
of the Army, Navy, or Air Force is being prepared or constructed
or stored, information as to which prohibited place the President
has determined would be prejudicial to the national defense; or

(b) Whoever, for the purpose aforesaid, and with like intent or
reason to believe, copies, takes, makes, or obtains, or attempts to
copy, take, make, or obtain, any sketch, photograph, photographic
negative, blueprint, plan, map, model, instrument, appliance, docu-
ment, writing, or note of anything connected with the national
defense : or

fo) Whoever, for the purpose aforesaid, receives or obtains or
agrees or attempts to receive or obtain from any person, or from any
source whatever, any document, writing, code book, signal book,
sketcli, photograph, pilot ographic negative, blueprint, plan, map,
model, instrument, appliance, or note, of anything connected with
the national defense, knowing or having reason to believe, at the
time he receives or obtains, or ngrees or attempts to receive or obtain
it, that it has been or will be obtained, taken, made, or disposed of
by any person contrary to the provisions of this chapter; or

[Emphasis supplied.]

229

(d) Whoever, lawfully having possession of, access to, control
oyer, or being entrusted with any document, writing, code book,
signal book, sketch, photograph, photographic negative, blueprint,
plan, map, model, instrument, appliance, or note relating to the
national defense, or information relating to the national defense
which information the possessor has reason to believe could be used
to the injury of the United States or to the advantage of any for-
eign nation, willfully communicates, delivers, transmits or causes to
be communicated, delivered, or transmitted or attempts to communi-
cate, deliver, transmit or cause to be communicated, delivered or
transmitted the same to any person not entitled to receive it, or will-
fully retains the same and fails to deliver it on demand to the officer
or employee of the United States entitled to receive it ; or

(e) Whoever having unauthorized possession of, access to, or con-
trol over any document, writing, code book, signal book, sketch, pho-
tograph, photographic negative, blueprint, plan, map, model,
instrument, appliance, or note relating to the national defense, or
information relating to the national defense which information the
possessor has reason to believe could be used to the injury of the
United States or to the advantage of any foreign nation, willfully
communicates, delivers, transmits or causes to be communicated,
delivered, or transmitted, or attempts to communicate, deliver, trans-
mit or cause to be communicated, delivered, or transmitted the same
to any person not entitled to receive it, or willfully retains the same
and fails to deliver it to the officer or employee of the United States
entitled to receive it; or

(f) Whoever, being entrusted with or having lawful possession or
control of any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model,
instrument, appliance, note, or information, relating to the national
defense, (1) through gross negligence permits the same to be
removed from its proper place of custody or delivered to anyone in
violation of his trust, or to be lost, stolen, abstracted, or destroyed,
or (2) having knowledge that the same has been illegally removed
from its proper place of custody or delivered to anyone in violation
of its trust, or lost, or stolen, abstracted, or destroyed, and fails to
make prompt report of such loss, theft, abstraction, or destruction to
his superior officer —

Shall be fined not more than $10,000 or imprisoned not more than
ten years, or both.

(g) If two or more persons conspire to violate any of the forego-
ing provisions of this section, and one or more of such persons do
any act to effect the object of the conspiracy, each of the parties to
such conspiracy shall be subject to the punishment provided for the
offense which is the object of such conspiracy. (June 25, 1948, ch.
645, 62 Stat. 736; Sept. 23, 1950, ch. 1024, title I, § 18, 64 Stat.
1003.)

— N O T E —

Excerpt from House Rept. 30, 80tii Cong., 2d Sess. (1948)

The committee, in framing the espionage title, have
endeavored to avoid making innocent acts criminal and,

230

therefore, in Title I, sections 1 and 2, the criminality of the
act is made to depend upon the knowledge, intent, or reason
to believe that the information obtained or transmitted con-
cerning our national defense is to be used to the injury of
the United States.

Section 3 of this title punishes an officer or trustee of our
national defense secrets who willfully communicates such
secrets to a person not lawfully entitled to receive them and
punishes such person if he through gross negligence permits
any document, etc., to be lost or stolen, etc.

Section 4 of Title I gives the President the power, during
national emergency resulting from a war to which the
United States is a party, or from threat of such war, to
proclaim the existence of such emergency, and thereupon by
proclamation to prohibit the publishing or communicating
of or the attempting to publish or communicate any infor-
mation relating to national defense which, in his judgment,
is of such character that it is or might be useful to the
enemy.

This section in the bill has been carefully and patiently
considered by the committee. The committee realize that the
section as recommended gives the President broad powers,
but it must be admitted by all patriotic persons anxious for
the success of our arms that in times like these through
which we are now going it is important that the Com-
mander in Chief shall have authority to prevent the publica-
tion of national defense secrets, which would be useful to the
enemy and, therefore, harmful to the United States. We
feel confident that the President will not abuse this author-
ity but will exercise it in the spirit in which it is given, by
safeguarding the public welfare by preventing our vital na-
tional defense secrets from falling into the hands of the
enemy. We believe that the public and the newspaper world
will heartily cooperate with the President and the Congress
in attaining this worthy end. The proviso in this section is
hardly necessary to be written into the bill, but for the pur-
pose of assuring the public and the newspaper fraternity
that nothing in the President's proclamation shall limit or
restrict discussion, comment, or criticism of the acts or poli-
cies of the Government or of its representatives the clause
is inserted.

Section 5 of Title I makes it a crime for any person to
willfully convey false reports or statements with the intent
to interfere with the operation or success of the military
and naval forces of the United States, or to promote the
success of the enemy, and for anyone in time of war to will-
fully cause, or attempt to cause, insubordination, disloyalty,
or refusal of duty in the military or naval forces. The com-
mittee feels that no patriotic American will ever attempt
willfully to violate the provisions of this section.

[Emphasis supplied.]

231

The remaining sections of the title are self-explanatory
and need not be elaborated upon in this report. The commit-
tee feels that all the remaining sections of the amended bill
are drawn with sufficient clearness to be self-explanatory,
and the committee is confident that the House will realize
the importance of the passage of each section of the amended
bill, and therefore recommend that the bill as amended and
reported herein be passed.

18 U.S.C. 794. Gathering or delivering defense information to aid

FOREIGN GOVERNMENT

(a) Whoever, with intent or reason to believe that it is to be used
to the injury of the United States or to the advantage of a foreign
nation, communicates, delivers, or transmits, or attempts to commu-
nicate, deliver, or transmit, to any foreign government, or to any
faction or party or military or naval force within a foreign country,
whether recognized or unrecognized by the United States, or to any
representative, officer, agent, employe, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book,
signal book, sketch, photograph, photographic negative, blueprint,
plan, map, model, note, instrument, appliance, or information relat-
ing to the national defense, shall be punished by death or by impris-
onment for any term of years or for life.

(b) Whoever, in time of war, with intent that the same shall be
communicated to the enemy, collects, records, publishes, or communi-
cates, or attempts to elicit any information with respect to the move-
ment, numbers, description, condition, or disposition of any of the
Armed Forces, ships, aircraft, or war materials of the United States,
or with respect to the plans or conduct, or supposed plans or con-
duct of any naval or military operations, or with respect to any
works or measures undertaken for or connected with, or intended for
the fortification or defense of any place, or any other information
relating to the public defense, which might be useful to the enemy,
shall be punished by death or by imprisonment for any term of
years or for life.

(c) If two or more persons conspire to violate this section, and
one or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be subject to
the punishment provided for the offense which is the object of such
conspiracy. (June 25, 1948, ch. 645, 62 Stat. 737; Sept. 3, 1954, ch.
1261, title II, § 201, 68 Stat. 1219.)

18 U.S.C. 795. Photographing and sketching defense installations

(a) Whenever, in the interests of national defense, the President
defines certain vital military and naval installations or equipment as

[Emphasis supplied.]

232

requiring protection against the general dissemination of informa-
tion relative thereto, it shall be unlawful to make any photograph,
sketch, picture, drawing, map, or graphical representation of such
vital military and naval installations or equipment without first
obtaining permission of the commanding officer of the military or
naval post, camp, or station, or naval vessels, military and naval air-
craft, and any separate military or naval command concerned, or
higher authority, and promptly submitting the product obtained to
such commanding officer or higher authority for censorship or such
other action as he may deem necessary.

(b) Whoever violates this section shall be fined not more than
$1,000 or imprisoned not more than one year, or both. (June 25,
1948, ch. 645, 62 Stat. 737.)

18 U.S.C. 798. Disclosure of classified information 1

(a) Whoever knowingly and willfully communicates, furnishes,
transmits, or otherwise makes available to an unauthorized person,
or publishes or uses in any manner prejudicial to the safety or in-
terest of the United States or for the benefit of any foreign govern-
ment to the detriment of the United States any classified informa-
tion—

(1) concerning the nature, preparation, or use of any code,
cipher, or cryptographic system of the United States or any for-
eign government ; or

(2) concerning the design, construction, use, maintenance, or
repair of any device, apparatus, or appliance used or prepared
or planned for use by the United States or any foreign govern-
ment for cryptographic or communication intelligence purposes ;
or

(3) concerning the communication intelligence activities of
the United States or any foreign government ; or

(4) obtained by the process of communication intelligence
from the communications of any foreign government, knowing
the same to have been obtained by such processes —

Shall be fined not more than $10,000 or imprisoned not more than
ten years, or both.

(b) As used in subsection (a) of this section —

The term "classified information" means information which, at the
time of a violation of this section, is, for reasons of national secu-
rity, specifically designated by a United States Government Agency
for limited or restricted dissemination or distribution;

The terms "code." "cipher," and "cryptographic system" include
in their meanings, in addition to their usual meanings, any method
of secret writing and any mechanical or electrical device or method
used for the purpose of disguising or concealing the contents, signif-
icance, or meanings of communications;

1 So enacted. See second section 798 enacted on Oct 31, 1951, set out below.
[Emphasis supplied.]

233

The term "foreign government" includes in its meaning any
person or persons acting or purporting to act for or on behalf of
any faction, party, department, agency, bureau, or military force of
or within a foreign country, or for or on behalf of any government
or any person or persons purporting to act as a government within a
foreign country, whether or not such government is recognized by
the United States ;

The term "communication intelligence" means all procedures and
methods used in the interception of communications and the obtain-
ing of information from such communications by other than the
intended recipients;

The term "unauthorized person" means any person who, or agency
which, is not authorized to receive information of the categories set
forth in subsection (a) of this section, by the President, or by the
head of a department or agency of the United States Government
which is expressly designated by the President to engage in commu-
nication intelligence activities for the United States.

(c) Nothing in this section shall prohibit the furnishing, upon
lawful demand, of information to any regularly constituted commit-
tee of the Senate or House of Representatives of the United States
of America, or joint committee thereof. (Added Oct. 31, 1951, ch.
655, §24 (a), 65 Stat, 719.)

18 U.S.C. 798. Temporary extension of section 794 1

The provisions of section 794 of this title, as amended and
extended by section 1 (a) (29) of the Emergency Powers Continua-
tion Act (66 Stat. 333), as further amended by Public Law 12,
Eighty-third Congress, in addition to coming into full force and
effect in time of war shall remain in full force and effect until six
months after the termination of the national emergency proclaimed
by the President on December 16, 1950 (Proc. 2912, 3 C.F.E., 1950
Supp., p. 71), or such earlier date as may be prescribed by concur-
rent resolution of the Congress, and acts which would give rise to
legal consequences and penalties under section 794 when performed
during a state of war shall give rise to the same legal consequences
and penalties when they are performed during the period above pro-
vided for. (Added June 30, 1953, ch. 175, § 4, 67 Stat. 133.)

— N O T E —

Excerpt From Senate Kept. Ill, 81st Cong., 2d Sess. (1950)

purpose of the bill

The purpose of this bill, as amended, is to prevent the rev-
elation of important information about the United States
communication intelligence activities and United States

* So enacted. See first section 798 enacted on June 30, 1953, set out below.
[Emphasis supplied.]

234

codes and ciphers by persons who disclose such information
without proper authority, and to prescribe penalties to those
knowingly and willfully revealing such information. . . .
*******
At present two other acts protect this information, but only
in a limited way. These are the Espionage Act of 1917 (40
Stat. 217) and the act of June 10, 1933 (48 Stat. 122). Under
the first, unauthorized revelation on information of this kind
can be penalized only if it can be proved that the person mak-
ing the revelation did so with an intent to injure the United
States. Under the second, only diplomatic codes and mes-
sages transmitted in diplomatic codes are protected. The
present bill is designed to protect against knowing and will-
ful publication or any other revelation of all important in-
formation affecting United States communication intelligence
operations and all direct information about all United States
codes and ciphers.

18 U.S.C. 963. Detention of armed vessel

(a) During a war in which the United States is a neutral nation,
the President, or any person authorized by him, may detain any
armed vessel owned wholly or in part by citizens of the United
States, or any vessel, domestic or foreign (other than one which has
entered the ports of the United States as a public vessel), which is
manifestly built for warlike purposes or has been converted or
adapted from a private vessel to one suitable for warlike use, until
the owner or master, or person having charge of such vessel, shall
furnish proof satisfactory to the President, or to the person duly
authorized by him, that the vessel will not be employed to cruise
against or commit or attempt to commit hostilities upon the subjects,
citizens, or property of any foreign prince or state, or of any colony,
district, or people with which the United States is at peace, and that
the said vessel will not be sold or delivered to any belligerent nation,
or to an agent, officer, or citizen of such nation, by them or any of
them, within the jurisdiction of the United States, or upon the nigh
seas.

(b) Whoever, in violation of this section takes, or attempts to
take, or authorizes the taking of any such vessel, out of port or from
the United States, shall be fined not more than $10,000 or impris-
oned not more than ten years, or both.

In addition, such vessel, her tackle, apparel, furniture, equipment,
and her cargo shall be forfeited to the United States. (June 25, 1948,
ch. 645, 62 Stat. 746.)

— N O T E —

Excerpt from Senate Rept. 598, 80th Cong., 2d Sess. (1948)

The Committee on Naval Affairs, to whom was referred
the bill (S. 1398) to amend the act entitled "An act to
punish acts of interference with the foreign relations, the

[Emphasis supplied.]

235

neutrality, and the foreign commerce of the United States,
to punish espionage, and better to enforce the criminal laws
of the United States, and for other purposes," approved
June 15, 1917, as amended, to increase the penalties for
peacetime violations of such act, having considered the
same, report favorably thereon without amendment, and
with the recommendation that the bill do pass.

THE PURPOSE OF THE BILL

This measure is intended to remedy an obvious, and at
the present time somewhat startling, defect in the Federal
statute relating to espionage. With complaints and overt
acts in this field increasing rapidly, and out of proportion
to other offenses against the Federal Government, it seems
clear that if our National Defense preparations are to be
adequately protected, we must not only augment the Fed-
eral personnel assigned to this type of offense, but
strengthen the Government's hand further by increasing the
penalties for peacetime espionage.

JUSTIFICATION FOE THE BILL

Under present practice, the Federal Bureau of Investiga-
tion has been given the responsibility for all civilian coun-
terespionage work in the United States and its possessions.
J. Edgar Hoover, Director of this Bureau, testifying before
the House Committee on Appropriations on April 27, 1939,
informed the committee that as of April 1, 1939, 164 espio-
nage cases then awaiting investigation were unassigned
because of personnel deficiencies. He testified further :

In regard to espionage, I would like to point out to the committee
that in the 5 years preceding 1938 there was an average of 35
espionage cases per year. In 1938 there were 634 such cases. That
is an increase of 599 cases over the previous year. With our present
personnel, it is not possible to give prompt attention to these cases.

We estimate that for 1939, going at the rate we are going now, we
will have 772 such cases, as against 634 last year.

As you probably know, all the investigations of foreign agents
engaged in espionage work within the United States and its Terri-
tories is carried on by the Federal Bureau of Investigation ; the
Military Intelligence Division, and the Navy Intelligence Division
have requested us to handle all of that civilian work.

We have been requested by the War Department and the Navy
Department to establish offices in Puerto Rico, Hawaii, and Alaska,
in addition to stations in the Panama Canal Zone and in the Philip-
pines. We have not acceded to these requests. Even if this appropria-
tion is granted it is doubtful that we can accede to them.

It is not the function of this committee to deal with the
personnel problem, and that will be ameliorated to some
extent, in any event, by currently authorized increases in
the appropriation for the Federal Bureau of Investigation.
It is self-evident, however, that even a substantial increase
in the number of Government agents assigned to espionage
cases will hardly solve the major problem and protect the

236

national interest unless, as a corollary, the espionage law
itself is strengthened. As new war vessels are built, our air-
craft industry expanded, naval bases enlarged, and our mil-
itary and naval outposts developed in response to the
requirements of the national defense, and as our industrial
machine assumes its share of the defense load, it has become
apparent, in many ways that other nations, some of them
potential enemies of the United States, are sending increas-
ing numbers of spies to our shores in an effort to learn our
military secrets and, if possible, interfere, with our defense
preparations. It will be futile to run down those responsible
for these, activities, arrest and prosecute the offenders, and
develop a comprehensive counterespionage organization of
our own if these enemies are to be allowed to escape, if
caught, with a fine or relatively short term in prison.

As a single illustration of the contrast between our own
espionage statute and the prevailing practice in Japan, the
present Federal law permits persons committing five types
of serious offenses against the national defense to escape
with a fine, a relatively short prison sentence being left to
the discretion of the court, whereas for lesser offenses in
Japan the committee is informed that the penalty is 20
years in prison.

There is widespread evidence of foreign espionage not
only in Hawaii, Puerto Rico, the Canal Zone, and the
Pacific Coast but on the Atlantic coast in the Gulf States as
well. The number of aircraft disasters, attempts at sabotage,
reports of damage done to war vessels, and the results of
numerous investigations hitherto concluded not only support
the statement that espionage activities are not only increas-
ing rapidly, but that the present penalties are wholly inade-
quate as a check on these activities.

Judge John C. Knox, of the United States District Court
in New York, reminded the several defendants convicted of
espionage activities in that area recently that they were
receiving the "mercy of a democracy," as contrasted with
the penalties visited on spies apprehended in Germany.

Under all the circumstances, there can be no justification
for permitting alien enemies engaged in attempts to under-
mine the national defense to escape with a fine or a prision
term of a year or two. The fact that we live in a free coun-
try and are not in the habit of "liquidating" those we sus-
pect of disloyalty or of activities in behalf of foreign gov-
ernments does not relieve us of the responsibility of
protecting our military secrets and making it unprofitable
for those who would steal them, or damage or destroy mili-
tary weapons or industrial plants engaged in their "manu-
facture to carry on their activities in this country. In
emphasis, it is only necessary to recall that for conspiracy
to transmit secret information to Japanese agents, former
Commander John S. Farnsworth of the Navy received a

237

sentence of from 4 to 12 years, which with good behavior
will let him out in perhaps 3 years.

We cannot go on in this manner if we are to prepare the
United States to defend itself against those who covet our
territory or our wealth.

18 U.S.C. 967. Departure of vessel forbidden in Am of neutrality

(a) During a war in which the United States is a neutral nation,
the President, or any person authorized by him, may withhold clear-
ance from or to any vessel, domestic or foreign, or, by service of
formal notice upon the owner, master, or person in command or in
charge of any domestic vessel not required to secure clearances, may
forbid its departure from port or from the United States, whenever
there is reasonable cause to believe that such vessel is about to carry
fuel, arms, ammunition, men, supplies, dispatches, or information to
any warship, tender, or supply ship of a foreign belligerent nation
in violation of the laws, treaties, or obligations of the United States
under the law of nations. It shall thereupon be unlawful for such
vessel to depart.

(b) Whoever, in violation of this section, takes or attempts to
take, or authorizes the taking of any such vessel, out of port or from
the United States, shall be fined not more than $10,000 or impris-
oned not more than ten years, or both. In addition, such vessel, her
tackle, apparel, furniture, equipment, and her cargo shall be for-
feited to the United States. (June 25, 1948, ch. 645, 62 Stat. 748.)

[See 18 U.S.C. 963 (S. Rept. 598). Supra.]

18 U.S.C. 1383. Restrictions in military areas and zones

Whoever, contrary to the restrictions applicable thereto, enters,
remains in, leaves, or commits any act in any military area or military
zone prescribed under the authority of an Executive order of the Presi-
dent, by the Secretary of the Army, or by any military commander
designated by the Secretary of the A rmy, shall, if it appears that he
knew or should have known of the existence and extent of the restric-
tions or order and that his act was in violation thereof, be fined not
more than $5,000 or imprisoned not more than one year, or both. (June
25, 1948, ch. 645, 62 Stat. 765.)

18 U.S.C. 2153. Destruction of war material, war premises, or war
utilities

(a) Whoever, when the United States is at war, or in times of
national emergency as declared by the President or the Congress,
with intent to injure, interfere with, or obstruct the United States or

[Emphasis supplied.]

24-509 O - 73 - 17

238

any associated nation in preparing for or carrying on the war or
defense activities, or, with reason to believe that his act may injure,
interfere with, or obstruct the United States or any associate nation
in preparing for or carrying on the war or defense activities, will-
fully injuries, destroys, contaminates or infects, or attempts to so
injure, destroy, contaminate or infect any war material, war prem-
ises, or war utilities, shall be fined not more than $10,000 or impris-
oned not more than thirty years, or both.

(b) If two or more persons conspire to violate this section, and
one or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished
as provided in subsection (a) of this section. (June 25, 1948, ch. 645,
62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954,
ch. 1261, title I, § 102, 68 Stat. 1217.)

18 U.S.C. 2154. Production of detective wak material, war premises,
or war trnLrrrES

(a) Whoever, when the United States is at war, or in times of
national emergency as declared by the President or by the Congress,
with intent to injure, interfere with, or obstruct the United States or
any associate nation in preparing for or carrying on the war or
defense activities, or, with reason to believe that his act may injure,
interfere with, or obstruct the United States or any associate nation
in preparing for or carrying on the war or defense activities, will-
fully makes, constructs, or causes to be made or constructed in a
defective manner, or attempts to make, construct, or cause to be
made or constructed in a defective manner any war material, war
premises or war utilities, or any tool, implement, machine, utensil, or
receptacle used or employed in making, producing, manufacturing,
or repairing any such war material, war premises or war utilities,
shall be fined not more than $10,000 or imprisoned not more than
thirty years, or both.

18 U.S.C. 2157. Temporary extension of sections 2153 and 2154

(a) The provisions of sections 2153 and 2154 of this title, as
amended and extended by section 1 (a) (29) of the Emergency
Powers Continuation Act (66 Stat. 333), as further amended by
Public Law 12, Eighty-third Congress, in addition to coming into
full force and effect in time of war shall remain in full force and
effect until six months after the termination of the national emer-

[Emphasis supplied.]

239

gency proclaimed by the President on December 16, 1950 (Proc.
2912, 3 C. F. E., 1950 Supp., p. 71), or such earlier date as may be
prescribed by concurrent resolution of the Congress, and acts which
would give rise to legal consequences and penalities under any of
these provisions when performed during a state of war shall give
rise to the same legal consequences and penalties when they are per-
formed during the period above provided for.

(b) Effective in each case for the period above provided for, title
18, United States Code, section 2151, is amended by inserting the
words "or defense activities" immediately before the period at the
end of the definition of "war material", and said sections 2153 and
2154 are amended by inserting the words "or defense activities"
immediately after the words "carrying on the war" wherever they
appear therein. (Added June 30, 1953, ch. 175, § 2, 67 Stat. 133.)

—NOTE—

Excerpt From Senate Reft. 409, 83d Cong., 1st Sess. (1953)

The general purpose of the bill here reported is to further
extend the wartime effectiveness of the provisions of the
Emergency Powers Continuation Act until 6 months after
the termination of the existing national emergency pro-
claimed December 16, 1950.

18 U.S.C. 2391. Temporary extension or section 2388

The provisions of section 2388 of this title, as amended and
extended by section 1 (a) (29) of the Emergency Powers Continua-
tion Act (66 Stat. 333), as further amended by Public Law 12,
Eighty-third Congress, in addition to coming into full force and
effect in time of war shall remain in full force and effect until six
months after the termination of the national emergency proclaimed
by the President on December 16, 1950 (Proc. 2912, 3 C. F. R., 1950
Supp., p. 71), or such earlier date as may be prescribed by concur-
rent resolution of the Congress, and acts which would give rise to
legal consequences and penalties under section 2388 when performed
during a state of war shall give rise to the same legal consequences
and penalties when they are performed during the period above pro-
vided for. (Added June 30, 1953, ch. 175, § 6, 67 Stat. 134.)

— N 0 T E —

Excerpt From Senate Reft. 409, 83d Cong., 1st Sess. (1953)

the need for this legislation

The committee is of the opinion that while the United
States is not presently in a state of war, the existing national
emergency proclaimed by the President and the promotion of

[Emphasis supplied.]

240

the program for expansion of our Military Establishment, as
well as the prosecution of the Korean conflict, demand the
continuation of the wartime effectiveness of the present law.
Indeed, it has become increasingly apparent in recent years
that the commission of acts of espionage during a period of
national emergency, but when our country is not in a declared
state of war, can be just as harmful to our Nation, and con-
ceivably even more catastrophic, as when committed in war-
time, when we are on guard for any attack.

18 U.S.C. 2511. Interception and disclosure of wire or oral

COMMUNICATIONS PROHIBITED

(1) Except as otherwise specifically provided in this chapter any
person who —

(a) willfully intercepts, endeavors to intercept, or procures any
other person to intercept or endeavor to intercept, any wire or oral
communication ;

(b) willfully uses, endeavors to use, or procures any other person
to use or endeavor to use any States Code, to intercept a wire, com-
munication, or oral communication transmitted by radio, or to dis-
close or use the information thereby obtained.

(c) It shall not be unlawful under this chapter for a person
acting under color of law to intercept a wire or oral communication,
where such person is a party to the communication or one of the
parties to the communication has given prior consent to such inter-
ception.

(d) It shall not be unlawful under this chapter for a person not
acting under color of law to intercept a wire or oral communication
where such person is a party to the communication or where one of
the parties to the communication has given prior consent to such
interception unless such communication is intercepted for the pur-
pose of committing any criminal or tortious act in violation of the
Constitution or laws of the United States or of any State or for the
purpose of committing any other injurious act.

(3) Nothing contained in this chapter or in section 605 of the
Communications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall
limit the constitutional power of the President to take such measures
as he deems necessary to protect the Nation against actual or poten-
tial attack or other hostile acts of a foreign power, to obtain foreign
intelligence information deemed essential to the security of the
United States, or to protect national security information against
foreign intelligence activities. Nor shall anything contained in this
chapter be deemed to limit the constitutional power of the President
to take such measures as he deems necessary to protect the United
States against the overthrow of the Government by force or other
unlawful means, or against any other clear and present danger to
the structure or existence of the Government. The contents of any

[Emphasis supplied.]

241

wire or oral communication intercepted by authority of the Presi-
dent in the exercise of the foregoing powers may be received in evi-
dence in any trial hearing, or other proceeding only where such
interception was reasonable, and shall not be otherwise used or dis-
closed except as is necessary to implement that power. (Added Pub.
L. 90-351, title III, § 802, June 19, 1968, 82 Stat. 213, and amended
Pub. L. 91-358, title II, § 211(a), July 29, 1970, 84 Stat. 654.)

— N O T E —

Excerpt from 114 Cong. Rec. 14469 (Mat 22, 1968)
Omnibus Crime Control and Safe Streets Act of 1967

The Senate resumed the consideration of the bill (S. 917) to assist State
and local governments in reducing the incidence of crime, to increase the effec-
tiveness, fairness, and coordination of law enforcement and criminal justice
systems at all levels of government, and for other purposes.

Mr. McClellan. Mr. President, before proceeding to the amendments to title III,
I should like to give a brief history of this legislation and a short statement of
what it intends to accomplish.

Title III is essentially a combination of S. 675, the Federal Wire Intercep-
tion Act, which I introduced on January 25, 1967, and S. 2050, the Electronic
Surveillance Control Act of 1967, introduced by Senator Hbtjska on June 29,
1967.

Subsequent to the introduction of S. 675, the U.S. Supreme Court, on June
12, 1967, handed down the decision in Berger v. New York, 388 U.S. 41, which
declared unconstitutional the New York State statute authorizing electronic
eavesdropping, bugging, by law-enforcement officers in investigating certain
types of crimes. The Court held that the New York statute, on its face, failed
to meet certain constitutional standards. In the course of the opinion, the
Court delineated the constitutional criteria that electronic surveillance legisla-
tion should contain. Title III was drafted to meet these standards and to con-
form with Katz v. United States, 389 U.S. 347 (1967).

Title III has as its dual purpose, first, protecting the privacy of wire and
oral communications ; and second, delineating on a uniform baeis the circum-
stances and conditions under which the interception of wire and oral communi-
cations may be authorized. To assure the privacy of oral and wire communica-
tions, title III prohibits all wiretapping and electronic surveillance by persons
other than duly authorized law enforcement officers engaged in the investiga-
tion or prevention of specified types of serious crimes, and only after authori-
zation of a court order obtained after a showing and finding of probable cause.
The only exceptions to the above prohibition are, first, the power of the Presi-
dent to obtain information by such means as he may deem necessary to protect
the Nation from attack or hostile acts of a foreign power, to obtain
intelligence information essential to the Nation's security, and to protect the
internal security of the United States from those who advocate its overthrow
by force or other unlawful means ; second, employees of the Federal Communi-
cations Commission may, in the normal course of employment, intercept and
disclose wire communications in the discharge of the monitoring responsibil-
ities discharged by the Commission in the enforcement of chapter 5 of title 47
of the United States Code ; and third, employees of a communication common
carrier may intercept and disclose wire communications in the normal course
of their employment while engaged in any activity necessary to the rendition
of service, or protection of the rights or property of the carrier of such
communication.

Mr. President, in drafting this legislation, we have been most careful to
include every possible constitutional safeguard for the righte of individual pri-
vacy while, at the same time, drafting a bill under which law-enforcement

242

officers could use electronic surveillance techniques to effectively combat orga-
nized crime.

Legislation containing the safeguards and meeting the constitutional stand-
ards set out in title III, which grants to law enforcement officers authority to
use electronic surveillance techniques in the investigation of major crimes and
upon obtaining a court order has been endorsed by the following groups and
organizations :

The President's Commission on Law Enforcement and Administration of
Justice.

The Judicial Conference of the United States.
National Association of Attorneys General.
National District Attorneys Association.
Association of Federal Investigators.
The National Council on Crime and Delinquency.

Mr. President, it has also been endorsed by many others. I shall not take
the time to list all of them, but by way of emphasis I may say that this char-
acter of legislation has been recommended by every Attorney General since
1931, excepting the present Attorney General.

Mr. President, I simply want to add that the Federal Government, through
its Department of Justice, takes the position that this character of evidence
and this method of attaining evidence of crime is necessary, that it is essen-
tial, and that it is indispensable with respect to maintaining our national secu-
rity. This bill grants the President the right to wiretap and to use electronic
surveillances without obtaining an order of court

Now, Mr. President, if such techniques and procedures are necessary to pro-
tect our Government from any danger that threatens from without, from
another country, surely it is also justified in the protection of our country in
the proper use against the crime wave that is sweeping this Nation today,
which is, with all of its force and potentials, a great danger to our internal
security.

The greatest danger to America today is not from without; the greatest
danger to America at this hour is the lawlessness, the violence, and the orga-
nized syndicated crime that prevails within.

This title of the bill seeks to give to our law enforcement agencies a weapon
that is essential, that is necessary, and the use of which against organized
crime is becoming more imperative as each day passes. If we have this weapon
we can wage a successful war against crime— particularly organized crime.

18 U.S.C. 3287. Wartime suspension of limitations

When the United States is at war the running of any statute of
limitations applicable to any offense (1) involving fraud or
attempted fraud against the United States or any agency thereof in
any manner, whether by conspiracy or not, or (2) committed in
connection with the acquisition, care, handling, custody, control or
disposition of any real or personal property of the United States, or
(3) committed in connection with the negotiation, procurement,
award, performance, payment for, interim financing, cancelation, or
other termination or settlement, of any contract, subcontract, or pur-
chase order which is connected with or related to the prosecution of
the war, or with any disposition of termination inventory by any
war contractor or Government agency, shall be suspended wntU, three
years after the termination of hostilities as proclaimed by the Presi-
dent or by a concurrent resolution of Congress.

Definitions of terms in section 103 of title 41 shall apply to simi-
lar terms used in this section. (June 25, 1948, ch. 645, 62 Stat. 828.)

[Emphasis supplied.]

243

—NOTE—

Excerpt from House Reft. 304, 80th Cong., 1st Sess. (1947)

The phrase "when the United States is at war" was
inserted at the beginning of this section to make it perma-
nent instead of temporary legislation, and to obviate the
necessity of reenacting such legislation in the future. This
permitted the elimination of references to dates and to the
provision limiting the application of the section to transac-
tions not yet fully barred. When the provisions of the War
Contract Settlements Act of 1944, upon which this section
is based, are considered in connection with said section 590a
which it amends, it is obvious that no purpose can be served
now by the provisions omitted.

—NOTE—

Excerpt from Senate Rept. 836, 78th Cong., 2d Sess. (1944)

The need for protecting the Government against the
waste of funds and fraud is equally clear, and S. 1718 as
amended fully protects the Government in the following
manner :

(1) The full responsibility for settling terminated war con-
tracts has been placed squarely upon the shoulders of the con-
tracting agencies and they cannot escape that responsibility.
The contracting agencies who made the contracts, are familiar
with the contracts, and any attempt to let them escape their
responsibility of properly settling such contracts in case of
termination must be avoided.

Title 19 — Customs Duties

19 U.S.C. 1318. Emergencies

Whenever the President shall by proclamation declare an emer-
gency to exist by reason of a state of war, or otherwise, he may
authorize the Secretary of the Treasury to extend during the contin-
uance of such emergency the time herein prescribed for the perform-
ance of any act, and may authorize the Secretary of the Treasury to
permit, under such regulations as the Secretary of the Treasury may
prescribe, the importation free of duty of food, clothing, and medi-
cal, surgical, and other supplies for use in emergency relief work.
The Secretary of the Treasury shall report to the Congress any
action taken under the provisions of this section. (June 17, 1930, ch.
497, title III, § 318, 46 Stat. 696.)

[Emphasis supplied.]

244

19 U.S.C. 1351. Foreign trade agreements

(a) Authority of President; modification and decrease of duties;
altering import restrictions.

(1) For the purpose of expanding foreign markets for the prod-
ucts of the United States (as a means of assisting in establishing
and maintaining a better relationship among various branches of
American agriculture, industry, mining, and commerce) by regulat-
ing the admission of foreign goods into the United States in accord-
ance with the characteristics and needs of various branches of Amer-
ican production so that foreign markets will be made available to
those branches of American production which require and are capa-
ble of developing such outlets by affording corresponding market
opportunities for foreign products in the United States, the Presi-
dent, whenever he finds as a fact that any existing duties or other
imnort restrictions of the United States or any foreign country are
unduly burdening and restricting the foreign trade of the United
States and that the purpose above declared will be promoted by the
means hereinafter specified, is authorized from time to time —

(A) To enter into foreign trade agreements with foreign gov-
ernments or instrumentalities there: Provided, That the enact-
ment of the Trade Agreements Extension Act of 1955 shall not
be construed to determine or indicate the approval or disap-
proval by the Congress of the executive agreement known as the
General Agreement on Tariffs and Trade.

(B) To proclaim such modifications of existing duties and
other import restrictions, or such additional import restrictions,
or such continuance, and for such minimum periods, of existing
customs or excise treatment of any article covered by foreign
trade, agreements, as are required or appropriate to carrv out
anv foreign trade agreement that the President has entered into
hereunder.

(2) No proclamation pursuant to paragraph (1) (B) of this
subsection shall be made —

(A) Increasing by more than 50 per centum any rate of duty
existing on Jnlv 1, 1934; excent that a specific rate of duty
existing on .Tulv 1. 1934, may be converted to its ad valorem
equivalent based on the value of imports of the article con-
cerned during the calendar vear 1934 (determined in the same
manner as provided in subparagraph (D)(ii)) and the procla-
mation may provide an ad valorem rate of duty not in excess of
50 per centum above such ad valorem equivalent.

(B) Transferring any article between the dutiable and free
lists.

(C) In order to carry out a foreign trade agreement entered
into by the President before June 12, 1955, or with respect to
which notice of intention to negotiate was published in the Fed-
eral Register on November 16, 1954, decreasing by more than 50
per centum any rate of duty existing on January 1, 1945.

(D) In order to carry out a foreign trade agreement entered
into by the President on or after June 12, 1955, and before July

[Emphasis supplied.]

245

1, 1958, decreasing (except as provided in subparagraph (C) of
this paragraph) any rate of duty below the lowest of the fol-
lowing rates :

(i) The rate 15 per centum below the rate existing on
January 1, 1955.

(ii) In the case of any article subject to an ad valorem
rate of duty above 50 per centum (or a combination of ad
valorem rates aggregating more than 50 per centum), the
rate 50 per centum ad valorem (or a combination of ad
valorem rates aggregating 50 per centum). In the case of
any article subject to a specific rate of duty (or a combina-
tion of rates including a specific rate) the ad valorem equiv-
alent of which has been determined by the President to
have been above 50 per centum during a period determined
by the President to be a representative period, the rate 50
per centum ad valorem or the rate (or a combination of
rates), however stated, the ad valorem equivalent of which
the President determines would have been 50 per centum
during such period. The standards of valuation contained in
section 1401a or 1402 of this title (as in effect, with respect
to the article concerned, during the representative period)
shall be utilized by the President, to the maximum extent
he finds such utilization practicable, in making the determi-
nations under the preceding sentence.

(E) In order to carry out a foreign trade agreement entered
into by the President on or after July 1, 1958, decreasing any
rate of duty below the lowest of the rates provided for in para-
graph (4) (A) of this subsection.
(3) (A) Subiect to the provisions of subparagraphs (B) and (C)
of this paragraph and of subparagraph (B) of paragraph (4) of
this subsection, the provisions of any proclamation made under par-
agraph (1) (B) of this subsection, and the provisions of any procla-
mation of suspension under paragraph (5) of this subsection, shall be
in effect from and after such time as is specified in the proclamation.

(B) In the case of any decrease in duty to which paragraph (2)
(D) of this subsection applies —

(i) if the total amount of the decrease under the foreign
trade agreement does not exceed 15 per centum of the rate exist-
ing on January 1, 1955, the amount of decrease becoming ini-
tially effective at one time shnll not exceed 5 per centum of the
rate existing on January 1, 1955 ;

(ii) except as provided in clause (i), not more than one-third
of the total amount of the decrease under the foreign trade
agreement shall become initially effective at one time; and

(iii) no part of the decrease after the first part shall become
initially effective until the immediately previous part shall have
been in effect for a period or periods aggregating not less than
one year.

(C) No part of any decrease in duty to which the alternative
specified in paragraph (2) (D) (i) of this subsection applies shall
become initially effective after the expiration of the three-year

246

period which begins on July 1, 1955. If any part of such decrease
has become effective, then for purposes of this subparagraph any
time thereafter during which such part of the decrease is not in
effect by reason of legislation of the United States or action thereun-
der shall be excluded in determining when the three-year period
expires.

(D) If (in order to carry out a foreign trade agreement entered
into by the President on or after June 12, 1955) the President deter-
mines that such action will simplify the computation of the amount
of duty imposed with respect to an article, he may exceed any limi-
tation specified in paragraph (2) (C) or (D) or paragraph (4) (A)
or (B) of this subsection or subparagraph (B) of this paragraph by
not more than whichever of the following is lesser :

(i) The difference between the limitation and the next lower
whole number, or

(ii) One-half of 1 per centum ad valorem.

In the case of a specific rate (or of a combination of rates which
includes a specific rate), the one-half of 1 per centum specified in
clause (ii) of the preceding sentence shall be determined in the same
manner as the ad valorem equivalent of rates not stated wholly in
ad valorem terms is determined for the purposes of paragraph (2)
(D) (ii) of this subsection.

(4) (A) No proclamation pursuant to paragraph (1) (B) of this
subsection shall be made, in order to carry out a foreign trade agree-
ment entered into by the President on or after July 1, 1958, decreas-
ing any rate of duty below the lowest of the following rates :

(i) The rate which would result from decreasing the rate
existing on July 1, 1958, by 20 per centum of such rate.

(ii) Subject to paragraph (2) (B) of this subsection, the rate
2 per centum ad valorem below the rate existing on July 1,
1958. J

(iii) The rate 50 per centum ad valorem or, in the case of
any article subject to a specific rate of duty or to a combination
of rates including a specific rate, any rate (or combination of
rates), however stated, the ad valorem equivalent of which has
been determined as 50 per centum ad valorem.

The provisions of clauses (ii) and (iii) of this subparagraph and of
subparagraph (B) (ii) of this paragraph shall, in the case of any
article, subject to a combination of ad valorem rates of duty, apply
to the aggregate of such rates; and, in the case of any article, sub-
ject to a specific rate of duty or to a combination of rates including
a specific rate, such provisions shall apply on the basis of the ad
valorem equivalent of such rate or rates, during a representative
period (whether or not such period includes July 1, 1958), deter-
mined in the same manner as the ad valorem equivalent of rates not
stated wholly in ad valorem terms is determined for the purpose of
paragraph (2)(D)(ii) of this subsection.

(B) (i) In the case of any decrease in duty to which clause (i) of
subparagraph (A) of this paragraph applies, such decrease shall
become initially effective in not more than four annual stages and
no amount of decrease becoming initially effective at one time shall

247

exceed 10 per centum of the rate of duty existing on July 1, 1958,
or, in any case in which the rate has been increased since that date,
exceed such 10 per centum or one-third of the total amount of the
decrease under the foreign trade agreement, whichever is the
greater.

(ii) In the case of any decrease in duty to which clause (ii) of
subparagraph (A) of this paragraph applies, such decrease shall
become initially effective in not more than four annual stages, and
no amount of decrease becoming initially effective at one time shall
exceed 1 per centum ad valorem or, in any case in which the rate has
been increased since July 1, 1958, exceed such 1 per centum or one-
third of the total amount of the decrease under the foreign trade
agreement, whichever is the greater.

(iii) In the case of any decrease in duty to which clause (iii) of
subparagraph (A) of this paragraph applies, such decrease shall
become initially effective in not more than four annual stages, and
no amount of decrease becoming initially effective at one time shall
exceed one-third of the total amount of the decrease under the for-
eign trade agreement.

(C) In the case of any decrease in duty to which subparagraph
(A) of this paragraph applies (i) no part of a decrease after the
first part shall become initially effective until the immediately pre-
vious part shall have been in effect for a period or periods aggregat-
ing not less than one year, nor after the first part shall have been in
effect for a period or periods aggregating more than three years,
and (ii) no part of a decrease shall become initially effective after
the expiration of the four-year period which begins on July 1, 1962.
If any part of a decrease has become effective, then for the purposes
of clauses (i) and (ii) of the preceding sentence any time thereafter
during which such part of the decrease is not in effect by reason of
legislation of the United States or action thereunder shall be
excluded in determining when the three-year period or the four-year
period, as the case may be, expires.

(5) Repealed. Pub. L. 87-794, title II, § 257(b), Oct. 11, 1962, 76
Stat. 882.

(6) The President may at any time terminate, in whole or in fart,
any 'proclamation made pursuant to this section.

(b) Cuba; preferential customs treatment; decrease of rates.

Nothing in this section or the Trade Expansion Act of 1962 shall
be construed to prevent the application, with respect to rates of duty
established under this section or the Trade Expansion Act of 1962
pursuant to agreements with countries other than Cuba, of the pro-
visions of the treaty of commercial reciprocity concluded between
the United States and the Republic of Cuba on December 11, 1902,
or to preclude giving effect to an agreement with Cuba concluded
under this section or the Trade Expansion Act of 1962, modifying
the existing preferential customs treatment of any article the
growth, produce, or manufacture of Cuba. Nothing in this chapter
or the Trade Expansion Act of 1962 shall be construed to preclude
the application to any product of Cuba (including products prefer-

[Empbasis supplied.]

248

entially free of duty) of a rate of duty not higher than the rate
applicable to the like products of other foreign countries (except the
Philippines), whether or not the application of such rate involves
any preferential customs treatment. No rate of duty on products of
Cuba shall be decreased —

(1) In order to carry out a foreign trade agreement entered
into by the President before June 12, 1955, by more than 50 per
centum of the rate of duty existing on January 1, 1945, with
respect to products of Cuba.

(2) In order to carry out a foreign trade agreement entered
into by the President on or after June 12, 1955, and before July
1, 1962, below the applicable alternative specified in subsection
(a)(2) (C) or (D) or (4) (A) of this section (subject to the
applicable provisions of subsection (a)(3) (B), (C), and (D)
and (4) (B) and (C) of this section), each such alternative to
be read for the purposes of this paragraph as relating to the
rate of duty applicable to products of Cuba. With respect to
products of Cuba, the limitation of subsection (a) (2) (D) (ii) or
(4) (A) (iii) of this section may be exceeded to such extent as
may be required to maintain an absolute margin of preference
to which such products are entitled.

(3) In order to carry out a foreign trade agreement entered
into after June 30, 1962, and before July 1, 1967, below .the
lowest rate permissible bv applying title II of the Trade
Expansion Act of 1962 to the rate of duty (however established,
and even though temporarily suspended by Act of Congress or
otherwise) existing on July 1, 1962, with respect to such product.

(1) As used in this section, the term "duties and other import
restrictions" includes (A) rate and form of import duties and classi-
fication of articles, and (B) limitations, prohibitions, charges, and
exactions other than duties, imposed on importation or imposed for
the regulation of imports.

(2) For purposes of this section —

(A) Except as provided in subsection (d) of this section, the
terms "existing on July 1, 1934", "existing on January 1, 1945",
"existing on January 1, 1955", and "existing on July 1, 1958"
refer to rates of duty (however established, and even though
temporarily suspended by Act of Congress or otherwise) exist-
ing on the date specified, except rates in effect by reason of
action taken pursuant to section 1362 of this title.

(B) The term "existing" without the specification of any
date, when used with respect to any matter relating to the con-
clusion of, or proclamation to carry out, a foreign trade agree-
ment, means existing on the day on which that trade agreement
is entered into.

(d) Rate basis for additional increases or decreases; restoration of
terminated treaties forbidden.

(1) When any rate of duty has been increased or decreased for
the duration of war or an emergency, by agreement or otherwise,
[Emphasis supplied.]

249

any further increase or decrease shall be computed upon the basis of
the post-war or post-emergency rate carried in such agreement or
otherwise.

(2) Where under a foreign trade agreement the United States has
reserved the unqualified right to withdraw or modify, after the ter-
mination of war or an emergency, a rate on a specific commodity,
the rate on such commodity to be considered as "existing on January
1, 1945" for the purpose of this section shall be the rate which
would have existed if the agreement had not been entered into.

(3) No proclamation shall be made pursuant to this section for
the purpose of carrying out any foreign trade agreement the procla-
mation with respect to which has been terminated in whole by the
President prior to July 5, 1945.

(e) Repealed. Pub. L. 87-794, title II, § 257(b), Oct. 11, 1962, 76
Stat. 882.

(f ) Information and advice from industry, agriculture, and labor.
It is declared to be the sense of the Congress that the President,

during the course of negotiating any foreign trade agreement under
this section, should seek information and advice with respect to such
agreement from representatives of industry, agriculture, and labor.
(June 17, 1930, ch. 497, title III. § 350, as added June 12, 1934, ch.
474, § 1, 48 Stat. 943, and amended June 7, 1943, ch. 118, § 2, 57
Stat. 125; July 5, 1945, ch. 269, §§ 2, 3, 59 Stat. 410; Sept. 26, 1949,
ch. 585, §§4, 6, 63 Stat. 698; June 21, 1955, ch. 169, §3, 699 Stat.
162; Aug. 20, 1958, Pub. L. 85-686, § 3, 72 Stat. 673; Oct. 11, 1962,
Pub. L. 87-794, title II, § 257(a), (b), 76 Stat. 881, 882.)

—NOTE-
EQUIPMENT FOR TRADE RESTORATION NEEDED

If the United States is to compete successfully with other
countries to regain a fair share of foreign trade, it is neces-
sary that the United States should create machinery
whereby it can bargain successfully for such trade. As the
President said in his message to the Congress :

Other governments are to an ever increasing extent winning their
share of international trade by negotiated, reciprocal trade agree-
ments. If American agricultural and industrial interests are to
retain their deserved place in this trade, the American Government
must be in a position to bargain for that place with other govern-
ments by rapid and decisive negotiation based upon a carefully con-
sidered program, and to grant with discernment corresponding
opportunities in the American market for foreign products supple-
mentary to our own.

If the American Government is not in a position to make fair offers
for fair opportunities, its trade will be superseded. If it is not in a
position at a given moment rapidly to alter the terms on which it is
willing to deal with other countries, it cannot adequately protect its
trade against discriminations and against bargains injurious to its
interests. Furthermore, a promise to which prompt effect cannot be
given is not an inducement which can pass current at par in commer-
cial negotiations.

[Emphasis supplied.]

250

For this reason any smaller degree of authority in the hands of
the Executive would be ineffective. The executive branches of vir-
tually all other important trading countries already possess some
such power.

In most European countries agreements can be made by
the executive and put into force at once. In some countries
no parliamentary ratification of any kind is necessary. In
the majority of countries parliamentary ratification is nec-
essary, but the agreements can be made operative at once
and parliamentary ratification is largely a matter of form.
In most important countries tariff changes can be made
practically overnight. In France the Tariff Committee of
the Chamber recently adopted a project of law which until
the opening of their session in 1935, would give to the Gov-
ernment authority to modify the customs tariff by decree,
modification to be subject to subsequent ratification of Par-
liament. The authority, if granted, will afford a high degree
of flexibility useful in commercial bargaining. In Japan a
bill has recently been introduced into the Diet empowering
the executive to increase or reduce tariff rates and prohibit
or restrict exports or imports.

*******

In order to meet the difficulties raised by existing tariff
and trade barriers throughout the world, foreign countries
are resorting with increasing frequency to the negotiation
of commercial agreements ba.=ed upon tariff bargaining.
Since January 1. 1933. no fewer than 68 of these bargaining
agreements have been made, covering customs concessions or
most-favored-nation treatment, or both.

*******

19 U.S.C. 1862. Safeguarding national security

(a) Prohibition on decrease or elimination of duties or other
import restrictions if such reduction or elimination would threaten
to impair national security.

No action shall be taken pursuant to section 1821 (a) of this title
or pursuant to section l.'Wl of this title to decrease or eliminate the
duty or other import restriction on anv article if the President
determines that such reduction or elimination would threaten to
impair the national security.

(b) Investigations by Director of Office of Emergency Prepared-
ness to determine effects on national security of imports' of articles-
adjustment of imports. ' '

Upon request of the head of any department or agency, upon
application of nn interested party, or upon his own motion, the
Director of the Office of Emergency Preparedness (hereinafter in
this section referred to as the "director") shall immediately make

[Emphasis supplied.]

251

an appropriate investigation, in the course of which he shall seek
information and advice from other appropriate departments and
agencies, to determine the effects on the national security of imports
of the article which is the subject of such request, application, or
motion. If, as a result of such investigation, the Director is of the
opinion that the said article is being imported into the United
States in such quantities or under such circumstances as to threaten
to impair the national security, he shall promptly so advise the
President, and, unless the President determines that the article is
not being imported into the United States in such quantities or
under such circumstances as to threaten to impair the national secu-
rity as set forth in this section, he shall take such action, and for
such time, as he deems necessary to adjust the imports of such arti-
cle and its derivatives so that such imports will not so threaten to
impair the national security.

For the purposes of this section, the Director and the President
shall, in the light of the requirements of national security and with-
out excluding other relevant factors, give consideration to domestic
production needed for projected national defense requirements, the
capacity of domestic industries to meet such requirements, existing
and anticipated availabilities of the human resources, products, raw
materials, and other supplies and services essential to the national
defense, the requirements of growth of such industries and such sup-
plies and services including the investment, exploration, and devel-
opment necessary to assure such growth, and the importation of
goods in terms of their quantities, availabilities, character, and use
as those affect such industries and the capacity of the United States
to meet national security requirements. In the administration of this
section, the Director and the President shall further recognize the
close relation of the economic welfare of the Nation to our national
security, and shall take into consideration the impact of foreign
competition on the economic welfare of individual domestic indus-
tries; and any substantial unemployment, decrease in revenues of
government, loss of skills or investment, or other serious effects
resulting from the displacement of any domestic products by exces-
sive imports shall be considered, without excluding other factors, in
determining whether such weakening of our internal economy may
impair the national security.

(d) Report on investigations by Director of Office of Emergency
Preparedness ; regulations.

A report shall be made and published upon the disposition of each
request, application, or motion under subsection (b) of this section.
The Director shall publish procedural regulations to give effect to
the authority conferred on him by subsection (b) of this section.
(Pub. L. 87-794, title II, § 232, Oct. 11, 1962, 76 Stat. 877.)

[Emphasis supplied.]

252

— N O T E —

Excerpt from House Rept. 1818, 87th Cong., 1st Sess. (1962)

chapter 4 national security

Products of Communist Countries or Areas

Section 231 provides that, as an exception to the most-
favored-nation principle, the President shall, as soon as prac-
ticable, refrain from applying any reduction, elimination,
or continuance of any existing duty or other import restric-
tion, or the continuance of any existing duty-free or excise
treatment, proclaimed in carrying out any trade agreement
under title II of the bill or under section 350 of the Tariff
Act of 1930 to products of any country or area dominated
or controlled by Communism, whether imported directly or
indirectly. It is contemplated that, in addition to those
countries and areas which have been designated pursuant to
section 5 of the Trade Agreements Extension Act of 1951.
upon the enactment of the bill Poland (and areas under its
provisional administration), Yugoslavia, and Cuba will be
designated pursuant to section 231. In addition, action
under this section is to be taken if, in the future, any addi-
tional country or area becomes dominated or controlled by
Communism. Action under this section with respect to any
country or area may be terminated when such country or
area is no longer dominated or controlled by Communism.

Safeguarding National Security

Except for conforming changes, section 232 is identical
to, and continues in effect, the provisions of section 2 of the
Trade Agreements Act approved July 1, 1954, as amended
by section 8 of the Trade Agreements Extension Act of
1958.

Section 232(a) provides that no action is to be taken pur-
suant to the bill or section 350 of the Tariff Act of 1930 to
decrease or eliminate the duty or to decrease any other
import restriction on any article if the President determines
that the reduction or elimination would threaten to impair
the national security.

Section 232(b) provides that upon request, application, or
notice from specified sources the Director of the Office of
Emergency Planning (OEP) must undertake an investiga-
tion to determine whether the article is being imported into
the United States in such quantities or under such circum-
stances as to threaten to impair the national security. If he
so finds, he is required to so advise the President, who is
required to take such action as he deems necessary to adjust
imports unless he determines that the article is not being
imported in such quantities or under such circumstances as
to threaten to impair the national security.

253

Section 232(c) enumerates various factors to which the
President and the Director of the OEP are to give consid-
eration in carrying out their functions.

Section 232(d) requires a report to be made and pub-
lished on each final disposition of any request for investiga-
tion under section 232(b). It also requires the Director of
the OEP to publish procedural regulations governing the
exercise of the authority vested in him by section 232(b) .

Tithe 20 — Education

20 U.S.C. 79. Bareo Colorado Island in Gatun Lake to re set aside

The President is authorized and directed to set aside within the
Canal Zone an area in Gatun Lake known as Barro Colorado Island
in which the natural features shall, except in event of declared
national emergency, be left in their natural state for scientific obser-
vation and investigation. (July 2, 1940, ch. 516, § 1, 54 Stat. 724.)

20 U.S.C. 241-1. Assistance for current school expenditures

IN CASES OF CERTAIN DISASTERS

(a) Eligibility requirements; terms; duration; maximum amount.
In any case in which —

(1) (A) the Director of the Office of Emergency Planning
determines with respect to any local educational agency (includ-
ing for the purpose of this section any other public agency
which operates schools providing technical, vocational, or other
special education to children of elementary or secondary school
age) that such agency is located in whole or in part within an
area which after August 30, 1965, and prior to July 1, 1973, has
suffered a major disaster as the result of any flood, drought,
fire, hurricane, earthquake, storm, or other catastrophe which, in
the determination of the President pursuant to section 4402(1)
of Title 42, is or threatens to be of sufficient severity or magni-
tude to warrant disaster assistance by the Federal Government;
or

(B) the Commissioner determines with respect to any such
agency that public elementary or secondary school facilities of
such agency have been destroyed or seriously damaged as a
result of flood, hurricane, earthquake, storm, fire, or other catas-
trophe, except any such catastrophe caused by negligence or
malicious action; and

(2) the Governor of the State in which such agency is located
has certified the need for disaster assistance under this section,.

[Emphasis supplied.]

254

and has given assurance of expenditure of a reasonable amount
of the funds of the government of such State, or of any politi-
cal subdivision thereof, for the same or similar purposes with
respect to such catastrophe ;
and if the Commissioner determines with respect to such agency that^-

(3) such agency is utilizing or will utilize all State and other
financial assistance available to it for the purpose of meeting
the cost of providing free public education for the children
attending the schools of such agency, but as a result of such dis-
aster it is unable to obtain sufficient funds for such purpose and
requires an amount of additional assistance equal to at least
$1,000 or one-half of 1 per centum of such agency's current
operating expenditures during the fiscal year preceding the one
in which such disaster occurred, whichever is less, and

(4) in the case of any such major disaster to the extent that
the operation of private elementary and secondary schools in the
school attendance area of such local educational agency has been
disrupted or impaired by such disaster, such local educational
agency has made provisions for the conduct of educational pro-
grams under public auspices and administration in which chil-
dren enrolled in such private elementary and secondary schools
may attend and participate. Provided, That nothing contained
in this chapter shall be construed to authorize the making of
any payment under this chapter for religious worship or
instruction,

the Commissioner may provide to such agency the additional assist-
ance necessary to provide free public education to the children
attending the schools of such agency, upon such terms and in such
amounts (subject to the provisions of this section) as the Commis-
sioner may consider to be in the public interest. Such additional
assistance may be provided for a period not greater than a five-
fiscal-year period beginning with the fiscal year in which it is deter-
mined pursuant to clause (1) of this subsection that such agency
suffered a disaster. The amount so provided for any fiscal year shall
not exceed the amount which the Commissioner determines to be
necessary to enable such agency, with the State, local, and other
Federal funds available to it for such purpose, to provide a level of
education equivalent to that maintained in the schools of such
agency prior to the occurrence of such disaster, taking into account
the additional costs reasonably necessary to carry out the provisions
of clause (4) of this subsection. The amount, if any, so provided for
the second, third, and fourth fiscal years following the fiscal year in
which it is so determined that such agency has suffered a disaster
shall not exceed 75 per centum, 50 per centum, and 25 per centum,
respectively, of the amount so provided for the first fiscal year fol-
lowing such determination.

(b) Additional funds for replacing supplies and equipment,
making minor repairs, and leasing temporary facilities.

In addition to and apart from the funds provided under subsec-
tion (a) of this section, the Commissioner is authorized to provide to
such agency an amount which he determines to be necessary to

255

replace instructional and maintenance supplies, equipment, and
materials (including textbooks) destroyed or seriously damaged as a
result of such disaster, to make minor repairs, and to lease or other-
wise provide (other than by acquisition of land or erection of facili-
ties) school and cafeteria facilities needed to replace temporarily
such facilities which have been made unavailable as a result of the
disaster.

There is hereby authorized to be appropriated for each fiscal year
such amounts as may be necessary to carry out the provisions of this
section. Pending such appropriation, the Commissioner may expend
(without regard to subsections (a) and (e) of section 665 of Title
31) from any funds heretofore or hereafter appropriated for
expenditure in accordance with other sections of this chapter, such
sums as may be necessary for immediately providing assistance
under this section, such appropriations to be reimbursed from the
appropriations authorized by this subsection when made.

(d) Applications; priority of approvals.

No payment may be made to any local educational agency under
this section except upon application therefor which is submitted
through the appropriate State educational agency and is filed with
the Commissioner in accordance with regulations prescribed by him.
In determining the order in which such applications shall be
approved, the Commissioner shall consider the relative educational
and financial needs of the local educational agencies which have sub-
mitted approvable applications.

(e) Payments to local agencies; repayment of unexpended funds.
Amounts paid by the Commissioner to local educational agencies

under this section may be paid in advance or by way of reimburse-
ment and in such installments as the Commissioner may determine.
Any funds paid to a local educational agency and not expended or
otherwise used for the purposes for which paid shall be repaid to
the Treasury of the United States. (Sept. 30, 1950, ch. 1124, title I,
§ 7, as added Nov. 1, 1965, Pub. L. 89-313, § 2, 79 Stat. 1159, and
amended Jan. 2, 1968, Pub. L. 90-247, title II, § 218, 81 Stat. 811 ;
Apr. 13, 1970, Pub. L. 91-230, title II, § 201(c), 84 Stat. 154; Dec.
31, 1970, Pub. L. 91-606, title III, § 301(e), 84 Stat. 1759.)

— NOTE—

Excerpt from House Kept. 188, 91st Cong., 2d Sess. (1970)

It is, of course, impossible to determine the conditions
which will exist under emergencies created by a flood, tor-
nado, earthquake, fire, or other catastrophe. For this reason,
it is the purpose of the provision to provide Federal finan-
cial assistance for those aspects of a local district's plan
which are designed to assure the continued education of all
children in the area served by the school district, during the
•period of emergency — irrespective of whether or not such
children are enrolled in public or private schools. Where
public school facilities are damaged or are otherwise inade-

[Emphasis supplied.]

256

quate to accommodate all the children, the local school dis-
trict could provide for the rental or lease of public or other
undamaged facilities to accommodate teachers and pupils
from public and private schools during the period of
adjustment from the disaster. , . , i

In this respect Federal funds are authorized to supple-
ment all other funds available to provide a level of educa-
tion equivalent to that maintained in the schools of such
local public school agency during the last full fiscal year
prior to the occurrence of the major disaster, taking into
account the additional cost reasonably necessary for the
local public school district to provide teachers, equipment,
and materials in an expanded school program to accommo-
date private school students whose school operations were
impaired or entirely disrupted as a result of the disaster.

20 U.S.C. 646. Assistance in cases of certain disasters

(a) Eligibility requirements; maximum amount; form, terms and
conditions.

In any case in which —

(1) (A) the Director of the Office of Emergency Flammi-w
determines with respect to any local educational agency (includ-
ing for the purpose of this section any other public agency
which operates schools providing technical, vocational, or other
special education to children of elementary or secondary school
age) that such agency is located in whole or in part within an
area which, after August 30, 1965, and prior to July 1, 1973, has
suffered a major disaster as the result of any flood, drought,
fire, hurricane, earthquake, storm, or other catastrophe which, in
the determination of the President pursuant to section 4402(1)
of Title 42, is or threatens to be of sufficient severity or magni-
tude to warrant disaster assistance by the Federal Government;
or

(B) the Commissioner determines with respect to any such
agency that public elementary or secondary school facilities (or,
in the case of a public agency other than a local educational
agency, school facilities providing technical, vocational, or other
special education to children of elementary or secondary school
age) of such agency have been destroyed or seriously damaged
as a result of flood, hurricane, earthquake, storm, fire, or other
catastrophe, except any such catastrophe caused by negligence
or malicious action; and

(2) the Governor of the State in which such agency is located
has certified the need for disaster assistance under this section,
and has given assurance of expenditure of a reasonable amount
of the funds of the government of such State, or of any politi-
cal subdivision thereof, for the same or similar purposes with
respect to such catastrophe;

[Emphasis supplied.]

257

and if the Commissioner determines with respect to such agency
that—

(3) as a result of such major disaster, (A) public elementary
or secondary school facilities of such agency (or, in the case of
a public agency other than a local educational agency, school
facilities providing technical, vocational, or other special educa-
tion to children of elementary or secondary school age) have
been destroyed or seriously damaged, or (B) private elementary
or secondary school facilities serving children who reside in the
area served by such agency have been destroyed and will not be
replaced, thereby increasing the need of such agency for school
facilities ;

(4) such agency is utilizing or will utilize all State and other
financial assistance available for the replacement or restoration
of such school facilities;

(5) such agency does not have sufficient funds available to it
from State, local, and other Federal sources (including funds
available under other provisions of this chapter) , and from the
proceeds of insurance on such school facilities, and requires an
amount of additional assistance equal to at least $1,000 or one-
half of 1 per centum of such agency's current operating expend-
itures during the fiscal year preceding the one in which such
disaster occurred, whichever is less, to provide the minimum
school facilities needed (A) for the restoration or replacement
of the school facilities of such agency so destroyed or seriously
damaged or (B) to serve, in facilities of such agency, children
Tvho but for the destruction of the private facilities referred to
in clause (3) (B) would be served by such private facilities;
and

(6) in the case of any such major disaster, to the extent that
the operation of private elementary and secondary schools in the
school attendance area of the local educational agency has been
disrupted or impaired by such disaster, such local educational
agency has complied with the provisions of section 241-1 (a) (4)
of this title, with respect to provisions for the conduct of educa-
tional programs under public auspices and administration in
which children enrolled in such private elementary and second-
ary schools may attend and participate,

the Commissioner may provide the additional assistance necessary to
enable such agencv to provide such facilities, upon such terms anil in
such amounts (subject to the provisions of this section) as the Com-
missioner may consider to be in the public interest; but such addi-
tional assistance, plus the amount which he determines to be
available from State, local, and other Federal sources (including
funds available under other provisions of this chapter), and from
the proceeds of insurance, may not exceed the cost of construction
incident to the restoration or replacement of the school facilities
destroyed or damaged as a result of the disaster. In all cases, deter-
mined pursuant to clause (1) (B) of this subsection, and in any other
case deemed appropriate by the Commissioner, such assistance shall
be in the form of a repayable advance subject to such terms and
conditions as he considers to be in the public interest.

258

(b) Authorization of appropriations; expenditure of sums pend-
ing appropriation.

There are hereby authorized to be appropriated for each fiscal
year such amounts as may be necessary to carry out the provisions
of this section. Pending such appropriation, the Commissioner may
expend (without regard to subsections (a) and (e) of section 665 of
Title 31) from any funds heretofore or hereafter appropriated for
expenditure in accordance with other sections of this chapter such
sums as may be necessary for immediately providing assistance
under this section, such appropriations to be reimbursed from the
appropriations authorized by this subsection when made.

No payment may be made to any local educational agency under
subsection (a) of this section except upon application therefor which
is submitted through the appropriate State educational agency and
is filed with the Commissioner in accordance with regulations pre-
scribed by him, and which meets the requirements of section
636(b)(1) of this title. In determining the order in which such
applications shall be approved, the Commissioner shall consider the
relative educational and financial needs of the local educational
agencies which have submitted approvable applications. No payment
may be made under subsection (a) of this section unless the Com-
missioner finds, after consultation with the State and local educa-
tional agencies, that the project or projects with respect to which it
is made are not inconsistent with overall State plans for the con-
struction of school facilities. All determinations made by the Com-
missioner under this section shall be made only after consultation
with the appropriate State educational agency and the local educa-
tional agency.

(d) Payments to local agencies; repayment of unexpended funds.
Amounts paid by the Commissioner to local educational agencies

under subsection (a) of this section may be paid in advance or by
way of reimbursement and in such installments as the Commissioner
may determine. Any funds paid to a local educational agency and
not expended or otherwise used for the purposes for which paid
shall be repaid to the Treasury of the United States.

(e) Applicability of sections 631 to 640 of this title.

None of the provisions of 631 to 640 of this title, both inclusive,
other than section 636(b) (1) of this title, shall apply with respect to
this section. (Sept. 23, 1950, ch. 995, § 16, as added Nov. 1, 1965,
Pub. L. 89-313, § 1, 79 Stat. 1158, and amended Jan. 2, 1968, Pub.
h^^7Afe, V* S 217< 81 Stat 810 : APr- 13' lfl70' P«b. L. 91-230,

m^%Wst2mfo1M; ^ 31' 197°' Pub- L- 91-606' tWe

— N O T E—

Excerft from House Rept. 587, 89th Cong., 1st Sess. (1965)

school construction in disaster areas

The bill adds a new section to Public Law 815 which
would authorize the Commissioner of the Office of Educa-

259

tion to provide additional financial assistance to a local
public school district to enable such agency to construct new
facilities to replace school facilities destroyed or to restore
facilities damaged as a result of a major disaster.

Appropriations are authorized for the purpose of meeting
the cost of administering the new section. Pending appro-
priations the Commissioner could use funds appropriated
for the other provision of Public Law 874 to immediately
provide the disaster assistance, such appropriations to be
reimbursed from appropriations authorized by this subsec-
tion when they become available to the Commissioner.

The following conditions prerequisite to the furnishing of
such assistance are required by the legislation :

(1) A determination by the Director of the Office of
Emergency Planning that the school facilities were in
the area declared by the President to be a major disas-
ter area under the provision of 42 U.S.C. 1855 warrant-
ing disaster assistance by the Federal Government ;
*******

OPERATION Or SCHOOLS IN DISASTER AREAS

The bill adds a new section to Public Law 874 which
authorizes the Commissioner of the Office of Education to
provide financial assistance to any local public school
agency to assist in the financing of the operation of elemen-
tary and secondary school programs which have been
affected by a major disaster. Limitations imposed on the
provision of such assistance are :

(1) A determination by the Director of the Office of
Emergency Planning that the local public school dis-
trict was in an area declared by the President to be a
major disaster area under the provisions of 42 U.S.C.
1855 warranting disaster assistance by the Federal Gov-
ernment ;

*******

Title 22 — Foreign Relations and Intercourse

22 U.S.C. 401. Illegal exportation of war materials

(a) Seizure and forfeiture of materials and carriers.

Whenever an attempt is made to export or ship from or take out
of the United States any arms or munitions of war or other articles
in violation of law, or whenever it is known or there shall be proba-
ble cause to believe that any arms or munitions of war or other arti-

[Empbasis supplied.]

260

cles are intended to be or are being or have been exported or
removed from the United States m violation of A Secretary
of the Treasury, or any person duly authorized for the purpose by
the President, may seize and detain such arms or munitions of war
or other articles and may seize and detain any vessel, vehicle, or air-
craft containing the same or which has been or is being used in
exporting or attempting to export such arms or munitions of war or
other articles. All arms or munitions of war and other articles, ves-
sels, vehicles, and aircraft seized pursuant to this subsection shall be
forfeited. . , . .. ,

(b) Applicability of laws relating to seizure, forfeiture, and con-
demnation. , . ■ ,

All provisions of law relating to seizure, summary and judicial
forfeiture and condemnation for violation of the customs laws, the
disposition of the property forfeited or condemned or the proceeds
from the sale thereof; the remission or mitigation of such forfeit-
ures; and the compromise of claims and the award of compensation
to informers in respect of such forfeitures shall apply to seizures
and forfeitures incurred, or alleged to have been incurred, under the
provisions of this section, insofar as applicable and not inconsistent
with the provisions hereof. Awards of compensation to informers
under this section may be paid only out of funds specifically appro-
priated therefor.

Arms and munitions of war forfeited under subsection (b) of this
section shall be delivered to the Secretary of Defense for such use or
disposition as he may deem in the public interest, or, in the event
that the Secretary of Defense refuses to accept such arms and muni-
tions of war, they shall be sold or otherwise disposed of as pre-
scribed under existing law in the case of forfeitures for violation of
the customs laws. (June 15, 1917, ch. 30, title VI, § 1, 40 Stat. 223;
June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; Aug. 13, 1953,
ch. 434, § 1, 67 Stat. 577.)

22 U.S.C. 441. Proclamation of state of war between foreign states

(a) Whenever the President, or the Congress by concurrent reso-
lution, shall find that there exists a state of war between foreign
states, and that it is necessary to promote the security or preserve
the peace of the United States or to protect the lives of citizens of
the United States, the President shall issue a proclamation naming
the states involved; and he shall, from time to time, by proclama-
tion, name other states as and when they may become involved in
the war.

(b) Whenever the state of war which shall have caused the Presi-
dent to issue any proclamation under the authority of this section
shall have ceased to exist with respect to any state named in such
proclamation, he shall revoke such proclamation with respect to such
state. (Nov. 4, 1939, ch. 2, § 1, 54 Stat. 4.)

fEniphasis supplied.]

261

22 U.S.C. 447. Financial transactions

(a) Whenever the President shall have issued a proclamation
under the authority of section 441(a) of this title, it shall there-
after be unlawful for any person within the United States to pur-
chase, sell, or exchange bonds, securities, or other obligations of the
government of any state named in such proclamation, or of any
political subdivision of any such state, or of any person acting for
or on behalf of the government of any such state, or political subdi-
vision thereof, issued after the date of such proclamation, or to
make any loan or extend any credit (other than necessary credits
accruing in connection with the transmission of telegraph, cable,
wireless and telephone services) to any such government, political
subdivision, or person. The provisions of this subsection shall also
apply to the sale by any person within the United States to any
person in a state named in any such proclamation of any articles or
materials listed in a proclamation referred to in or issued under the
authority of section 452 (i) of this title.

(b) The provisions of this section shall not apply to a renewal or
adjustment of such indebtedness as may exist on the date of such
proclamation.

(c) Whoever shall knowingly violate any of the provisions of this
section or of any regulations issued thereunder shall, upon convic-
tion thereof, be fined not more than $50,000 or imprisoned for not
more than five years, or both. Should the violation be by a corpora-
tion, organization, or association, each officer or director thereof par-
ticipating in the violation shall be liable to the penalty herein
prescribed.

(d) Whenever any proclamation issued under the authority of
section 441 (a) of this title shall have been revoked with respect to
any state the provisions of this section shall thereupon cease to
apply with respect to such state, except as to offenses committed
prior to such revocation.

(e) This section shall not be operative when the United States is
at war. (Nov. 4, 1939, ch. 2, § 7, 54 Stat. 8; Feb. 21, 1942, ch. 104, 5&
Stat. 95.)

— N O T E —

Excerpt from House Rept. 1776, 77th Cong., 2d Sess. (1942)

The Committee on Foreign Affairs, to whom was referred
the joint resolution (S.J. Res. 133), amending section 7 of
the Neutrality Act of 1939, having considered the same,
report favorably thereon without amendment and recom-
mend that the joint resolution do pass.

This amendment to section 7 was requested in the follow-
ing communication from the President :

The White House,

February 9, 191,2.

To the Congress of the United States :

I recommend that the Neutrality Act of 1939 be amended to pro-
vide that section 7 shall not be operative when the United Sates is at
war.

[Emphasis supplied.]

262

Section 7, now in effect, prevents essential financial transactions
between persons within the United States and our cobelligerents.
In my opinion there was never any intention that this section should
operate during our belligerency. I hope that the Congress will act
promptly in this matter to legalize transactions essential in the ef-
fective prosecution of the war.

There is attached a draft resolution designed to accomplish the

purpose of this recommendation.

Franklin D. Roosevelt.

A series of neutrality proclamations, under the act of
1939, applying to manv of the countries with whom we are
now associated in the United Nations war effort are still in
effect; and section 7 of the Neutrality Act therefore is in
effective operation as regards these countries.

This is deemed to be having consequences harmful to the
war effort of both the United States and the other United
Nations.

These harmful consequences arise from the fact that sec-
tion 7 prohibits many operations as between persons in the
United States and the governments and nationals of the
United Nations which would be useful in the war effort.
The following types of transactions may be cited particu-
larly :

(a) Section 7 interdicts the extension of credit by any
person within the United States in connection with pur-
chases of war materials in this country by governments
affected by this act or by their subdivisions and agents.
This means, for instance, that American firms or banks
cannot extend even short-term credit accommodation to such
enterprises as the Canadian National Railways in connec-
tion with their important purchases here, or American air-
craft, engine manufacturers extend short term credit facili-
ties to representatives of Canada and the Netherlands East
Indies in connection with aircraft production for the
account of the military forces of that Government. Such
short-term credit combination would in frequent instances
make it easier to effect promptly the purchasing and trans-
' port of needed war goods.

(i) It stands in the way of certain commercial transac-
tions that are directly a part of the military effort. For
example, it makes impossible the sale on credit by persons
within the United States to British, Dutch, and Norwegian
ships of oil urgently required for the completion of voyages
connected with the war effort.

In these and similar ways the continued effectiveness of
section 7 during this war period is a distinct disadvantage
in the war effort.

This amendment does not affect the operation of the
Johnson Act.

Furthermore, it is believed that the war situation now
confronting the United States is fundamentally different
from that which the Congress visualized when enacting sec-
tion 7.

[Emphasis supplied.]

263

22 U.S.C. 450. Restrictions on use of American ports

(a) Whenever, during any war in which the United States is neu-
tral, the President, or any person thereunto authorized by him shall
have cause to believe that any vessel, domestic or foreign, whether
requiring clearance or not, is about to carry out of a port or from
the jurisdiction of the United States, fuel, men, arms, ammunition,
implements of war, supplies, dispatches, or information to any war-
ship, tender, or supply ship of a state named in a proclamation
issued under the authority of section 441(a) of this title, but the
evidence is not deemed sufficient to justify forbidding the departure
of the vessel as provided for by section 31 of Title 18, and if, in the
President's judgment, such action will serve to maintain peace
between the United States and foreign states, or to protect the com-
mercial interests of the United States and its citizens, or to promote
the security or neutrality of the United States, he shall have the
power, and it shall be his duty to require the owner, master, or
person in command thereof, before departing from a port or from
the jurisdiction of the United States, to give a bond to the United
States, with sufficient sureties, in such amount as he shall deem
proper, conditioned that the vessel will not deliver the men, or any
fuel, supplies, dispatches, information, or any part of the cargo, to
any warship, tender, or supply ship of a state named in a proclama-
tion issued under the authority of section 441(a) of this title.

(b) If the President, or any person thereunto authorized by him,
shall find that a vessel, domestic or foreign, in a port of the United
States, has previously departed from a port or from the jurisdiction
of the United States during such war and delivered men, fuel, sup-
plies, dispatches, information, or any part of its cargo to a warship,
tender, or supply ship of a state named in a proclamation issued
under the authority of section 441(a) of this title, he may prohibit
the departure of such vessel during the duration of the war.

(c) Whenever the President shall have issued a proclamation
under section 441(a) of this title he may, while such proclamation
is in effect, require the owner, master, or person in command of any
vessel, foreign or domestic, before departing from the United States,
to give a bond to the United States, with sufficient sureties, in such
amount as he shall deem proper, conditioned that no alien seaman
who arrived on such vessel shall remain in the United States for a
longer period than that permitted under the regulations, as amended
from time to time, issued pursuant to section 168 of Title 8. Not-
withstanding the provisions of said section 168 of Title 8, the Presi-
dent may issue such regulations with respect to the landing of such
seamen as he deems necessary to insure their departure either on
such vessel or another vessel at the expense of such owner, master, or
person in command. (Nov. 4, 1939, ch. 2, § 10, 54 Stat. 9.)

22 U.S.C. 451. Submarines and armed merchant vessels

Whenever, during any war in which the United States is neutral,
the President shall find that special restrictions placed on the use of

[Emphasis supplied.]

264

the ports and territorial waters of the United States by the sub-
marines or armed merchant vessels of a foreign state will serve to
maintain peace between the United States and foreign states, or to
protect the commercial interests of the United States and its citi-
zens, or to promote the security of the United States, and shall make
proclamation thereof, it shall thereafter be unlawful for anjr such
submarine or armed merchant vessel to enter a port or the territorial
waters of the United States or to depart therefrom, except under
such conditions and subject to such limitations as the President may
prescribe. Whenever, in his judgment, the conditions which have
caused him to issue his proclamation have ceased to exist, he shall
revoke his proclamation and the provisions of this section shall
thereupon cease to apply, except as to offenses committed prior to
such revocation. (Nov. 4, 1939, ch. 2, § 11, 54 Stat. 9.)

22 U.S.C. 461. Enforcement by courts; employment of land or

NAVAL FORCES

The district courts shall take cognizance of all complaints, by
whomsoever instituted, in cases of captures made within the waters
of the United States, or within a marine league of the coasts or
shores thereof. In every case in which a vessel is fitted out and
armed, or attempted to be fitted out and armed, or in which the
force of any vessel of war, cruiser, or other armed vessel is increased
or augmented, or in which any military expedition or enterprise is
begun or set on foot, contrary to the provisions and prohibitions of
sections 461 to 464 of this title and sections 21 to 25, and 30 of Title
18; and in every case of the capture of a vessel within the jurisdic-
tion or protection of the United States as before defined; and in
every case m which any process issuing out of any court of the
United States is disobeyed or resisted by any person having the cus-
tody of any vessel of war, cruiser, or other armed vessel of any for-
eign prmce or state, or of any colony, district, or people, or of any
subjects or citizens of any foreign prince or state, or of any colony,
district, or people, it shall be lawful for the President or such other
person as he shall have empowered for that purpose, to employ
such part of the land or naval forces of the United States, or of the
militia thereof, for the purpose of taking possession of and detain-
ing any such vessel, with her prizes, if any, in order to enforce the
execution ot the prohibitions and penalties of sections 461 to 464 of
this title and sections 21 to 25, and 30 of Title 18, and the restoring
ot such prizes in the cases in which restoration shall be adjudged!
and also for the purpose of preventing the carrying on of any such
expedition or enterprise from the territory or jurisdiction of the
United btates against the territory or dominion of any foreign
prince or state, or of any colony, district, or people with whom the

1OT0 ) at PeaCe' (Mar' 4' 19°9' ch- 321' § 14' 35 Stat"

[Emphasis supplied ]

265

22 U.S.C. 464. Detention by collectors of customs

The several collectors of the customs shall detain any vessel mani-
festly built for warlike purposes, and about to depart the United
States, or any place subject to the jurisdiction thereof, the cargo of
which principally consists of arms and munitions of war, when the
number of men shipped on board, or other circumstances, render it
probable that such vessel is intended to be employed by the owners
to cruise or commit hostilities upon the subjects, citizens, or prop-
erty of any foreign prince or state, or of any colony, district, or
people with whom the United States are at peace, until the decision
of the President is had thereon, or until the owner gives such bond
and security as is required of the owners of armed vessels by section
463 of this title. (Mar. 4, 1909, ch. 321, § 17, 35 Stat. 1091.)

22 U.S.C. 1611. Congressional declaration of policy; embargo on
war materials; denial of assistance to nations failing to
embargo shipments ; administration of chapter

The Congress of the United States, recognizing that in a world
threatened by aggression the United States can best preserve and
maintain peace by developing maximum national strength and by
utilizing all of its resources in cooperation with other free nations,
declares it to be the policy of the United States to apply an embargo
on the shipment of arms, ammunition, and implements of war,
atomic energy materials, petroleum, transportation materials of stra-
tegic value, and items of primary strategic significance used in the
production of arms, ammunition, and implements of war to any
nation or combination of nations threatening the security of the
United States, including the Union of Soviet Socialist Republics
and all countries under its domination, in order to (1) increase the
national strength of the United States and of the cooperating
nations; (2) impede the ability of nations threatening the security
of the United States to conduct military operations; and (3) to
assist the people of the nations under the domination of foreign
aggressors to reestablish their freedom.

It is further declared to be the policy of the United States that no
military, economic, or financial assistance shall be supplied to any
nation unless it applies an embargo on such shipments to any nation
or combination of nations threatening the security of the United
States, including the Union of Soviet Socialist Republics and all
countries under its domination.

This chapter shall be administered in such a way as to bring
about the fullest support for any resolution of the General Assembly
of the United Nations, supported by the United States, to prevent
the shipment of certain commodities to areas under the control of
governments engaged in hostilities in defiance of the United Nations.
(Oct. 26, 1951, ch. 575, title I, § 101, 65 Stat. 645.)

[Emphasis supplied.]

266

22 U.S.C. 1611a. Responsibility for administration

Responsibility for giving effect to the purposes of this chapter
shall be vested in the person occupying the senior position author-
ized by subsection (e) of section 1577 of this title, or in any person
who may hereafter be charged with principal responsibility for the
administration of the provisions of the Mutual Defense Assistance
Act of 1949. Such person is hereinafter referred to as the "Adminis-
trator." (Oct. 26, 1951, ch. 575, title I, § 102, 65 Stat. 645.)

22 U.S.C. 1611b. Determination of items to be embargoed

(a) Adjustments; information to nations receiving assistance.
The Administrator is authorized and directed to determine within

thirty days after October 26, 1951, after full and complete consider-
ation of the views of the Departments of State, Defense, and Com-
merce; the Economic Cooperation Administration; and any other
appropriate agencies, and notwithstanding the provisions of any
other law, which items are, for the purpose of this chapter, arms,
ammunition, and implements of war, atomic energy materials, petro-
leum, transportation materials of strategic value, and those items of
primary strategic significance used in the production of arms,
ammunition, and implements of war which should be embargoed to
effectuate the purposes of this chapter: Provided, That such deter-
minations shall be continuously adjusted to current conditions on the
basis of investigation and consultation, and that all nations receiv-
ing United States military, economic, or financial assistance shall be
kept informed of such determinations.

(b) Termination of assistance; continuation of assistance by Pres-
idential directive ; reports to Congress.

All military, economic, or financial assistance to any nation shall,
upon the recommendation of the Administrator, be terminated forth-
with if such nation after sixtv davs from the date of a determina-
tion under subsection (a) of this section knowingly permits the ship-
ment to any nation or combination of nations threatening the
security of the United States, including the Union of Soviet Social-
ist Republics and all countries under its domination, of any item
which he has determined under subsection (a) of this section after a
full and complete investigation to be included in any of the follow-
ing categories: Arms, ammunition, and implements of war, atomic
energy materials, petroleum, transportation materials of strategic
value, and items of primary strategic significance used in the pro-
duction of arms, ammunition, and implements of war: Provided,
That tlie President, after receiving the advice of the Administrator
and after taking into account the contribution of such country to the
mutual security of the free world, the importance of such assistance
to the security of the United States, the strategic importance of
imports received from countries of the Soviet bloc, and the adequacy
of such country's controls over the export to the Soviet bloc of items

[Emphasis supplied.]

267

of strategic importance, may direct the continuance of such assist-
ance to a country which permits shipments of items other than arms,
ammunition, implements of war, and atomic energy materials when
unusual circumstances indicate that the cessation of aid would
clearly be detrimental to the security of the United States : Provided
further, That the President shall immediately report any determina-
tion made pursuant to the first proviso of this section with reasons
therefor to the Appropriations and Armed Services Committees of
the Senate and of the House of Representatives, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives, and the President shall at
least once each quarter review all determinations made previously
and shall report his conclusions to the foregoing committees of the
House and Senate, which reports shall contain an analysis of the
trade with the Soviet bloc of countries for which determinations
have been made. (Oct. 26, 1951, ch. 575, title I, § 103, 65 Stat. 645.)

22 U.S.C. 1611c. Resumption of assistance

Whenever military, economic, or financial assistance has been ter-
minated as provided in this chapter, such assistance can be resumed
only upon determination by the President that adequate measures
have been taken by the nation concerned to assure full compliance
with the provisions of this chapter. (Oct. 26, 1951 ch. 575, title I,
§ 104, 65 Stat. 646.)

22 U.S.C. 1611d. Definitions

For the purposes of this chapter the term "assistance" does not
include activities carried on for the purpose of facilitating the pro-
curement of materials in which the United States is deficient. (Oct.
26, 1951, ch. 575, title I, § 105, 65 Stat. 646.)

-NOTE-
ExcERPr from Senate Rept. 698, 82d Cong., 1st Sess. (1951)

The committee believes that the security interests of the
United States with respect to trade between nations receiv-
ing American military, economic, and financial assistance can
best be protected if responsibility is clearly fixed in the
executive branch to take action to prevent aid going to
countries which export war materials to the Soviet and sat-
ellite states. H.R. 4550 has that effect.

The committee believes that some discretion is necessary
with respect to the shipment of materials other than arms,
ammunition, implements of war, and atomic energy mate-
rials to Soviet states since there are undoubtedly a number
of instances in which such trade might, on balance, be

[Emphasis supplied.]

268

essential to the security interests of the United States and
to the free world generally.

The committee believes that responsibility for exercising
this discretion must be clearly fixed. H.R. 4550 makes this
determination the responsibility of the President.

The committee recommends the early approval of this
bill.

22 U.S.C. 1962. Military assistance ; use of armed forces

The President is authorized to undertake, in the general area of
the Middle East, military assistance programs with any nation or
group of nations of that area desiring such assistance. Furthermore,
the United States regards as vital to the national interest and world
peace the preservation of the independence and integrity of the
nations of the Middle East. To this end, if the President determines
the necessity thereof, the United States is prepared to use armed
forces to assist any such nation or group of such nations requesting
assistance against armed aggression from any country controlled by
international communism : Provided, That such employment shall be
consonant with the treaty obligations of the United States and with
the Constitution of the United States. (Pub. L. 85-7, § 2, Mar. 9,
1957, 71 Stat. 5.)

— N O T E —

Excerpt from House Reft. 2, 85th Cong., 1st Sess. (1957)

The broad purpose and policy of the resolution is set
forth in the preamble. The resolution does not set forth a
detailed plan or program for dealing with all the major
problems in the Middle East. It deals with courses of action
relating to immediate military and economic threats. Other
basic problems, causing tension in the area, are not dealt
with in the resolution. The solution of the Arab- Israel con-
troversy, the resettlement of refugees, the reopening of the
Suez Canal with the establishment of adequate safeguards
for the interests of its users, and other problems, are of
grave importance and should be given continued attention
by the Executive.

Positive and comprehensive measures for dealing with the
fundamental problems of the Middle East should be pre-
pared and presented by the Executive to the United
Nations and to the Congress. Sufficient legislative authority
already exists for the settlement of many phases of these
problems. Our country should lead in boldly pursuing and
implementing policies and programs to bring peace, secu-
rity, and economic stability to the Middle East.

House Joint Resolution 117 as reported accomplishes
three primary objectives :

First, it puts the Soviet Union on notice that the United
States intends to use its Armed Forces if necessary to
[Emphasis supplied.]

269

secure and protect any nation or group of nations of the
Middle East requesting such aid against overt armed
aggression from any nation controlled by international com-
munism, thus minimizing the possibility of war by miscal-
culation.

Second, the resolution is intended to make clear to the
governments and the people of the Middle East the attitude
and the policy of the United States toward them. The
United States makes clear its vital interest in the status of
that area. The United States also makes clear, however, that
it believes that its interests can best be protected if the
nations of the Middle East are able to maintain their inde-
pendence and integrity, and that the United States policy
toward the area and its readiness to provide assistance con-
templates no infringement of the sovereignty of any nation.

Third, the resolution removes certain restrictions on the
use of mutual security funds by the President which are
contained in existing law. No new money is authorized. The
events of the last few months in the Middle East have not
only increased the need for assistance to certain nations in
that area, but have also made necessary a revision of other
programs. The resolution gives the President greater discre-
tion as to the use of funds already appropriated.

22 U.S.C. 1963. United Nations Emergency Force

The President should continue to furnish facilities and military
assistance, within the provisions of applicable law and established
■policies, to the United Nations Emergency Force in the Middle East,
with a view to maintaining the truce in that region. (Pub. L. 85-7,
§ 4, Mar. 9, 1957, 71 Stat. 6.)

[See 22 U.S.C. 1962 (H. Eept. 2) . Supra.']

22 U.S.C. 1965. Expiration

This chapter shall expire when the President shall determine that
the peace and security of the nations in the general area of the
Middle East are reasonably assured by international conditions cre-
ated by action of the United Nations or otherwise except that it may
be terminated earlier by a concurrent resolution of the two Bouses
of Congress. (Pub. L. 85-7, § 6, Mar. 9, 1957, 71 Stat. 6.)

22 U.S.C. 2370. Prohibitions against furnishing assistance
(a) Cuba ; embargo on all trade.

(1) No assistance shall be furnished under this chapter to the
present government of Cuba; nor shall any such assistance be fur-

[Emphasis supplied.]

21-509 O - 73 - 19

270

nished to any country which furnishes assistance to the present gov-
ernment of Cuba unless the President determines that such assist-
ance is in the national interest of the United States. As an
additional means of implementing and carry into effect the policy of
the preceding sentence, the President is authorized to establish and
maintain a total embargo upon all trade between the United States
and Cuba.

(2) Except a9 may be deemed necessary by the President in the
interest of the United States, no assistance shall be furnished under
this chapter to any government of Cuba, nor shall Cuba be entitled
to receive any quota authorizing the importation of Cuban sugar
into the United States or to receive any other benefit under any law
of the United States, until the President determines that such gov-
ernment has taken appropriate steps according to international law
standards to return to United States citizens, and to entities not less
than 50 per centum beneficially owned by United States citizens or
to provide equitable compensation to such citizens and entities for
property taken from such citizens and entities on or after January
1, 1959, by the Government of Cuba.

(3) No funds authorized to be made available under this chapter
(except under section 2174 of this title) shall be used to furnish
assistance to any country which has failed to take appropriate steps,
not later than 60 days after December 16, 1963 —

(A) to prevent ships or aircraft under its registry from
transporting to Cuba (other than to United States installations
in Cuba) —

(i) any items of economic assistance,

(ii) any items which are, for the purposes of title I of
the Mutual Defense Assistance Control Act of 1951, as
amended, arms, ammunition and implements of war, atomic
energy materials, petroleum, transportation materials of
strategic value, or items of primary strategic significance
used in the production of arms, ammunition, and imple-
ments of war, or

(iii) any other equipment, materials, or commodities,
so long as Cuba is governed by the Castro regime; and

(B) to prevent ships or aircraft under its registry from
transporting any equipment, materials, or commodities from
Cuba (other than from United States installations in Cuba) so
long as Cuba is governed by the Castro regime.

(b) Presidential determination of domination or control by inter-
national Communist movement.

No assistance shall be furnished under this chapter to the govern-
ment of any country unless the President determines that such coun-
try is not dominated or controlled by the international Communist
movement.

No assistance shall be provided under this chapter to the govern-
ment of any country which is indebted to any United States citizen
or person for goods or services furnished or ordered where (i) such

[Emphasis supplied.]

271

citizen or person has exhausted available legal remedies, which shall
include arbitration, or (ii) the debt is not denied or contested by
such government, or (iii) such indebtedness arises under an uncondi-
tional guaranty of payment given by such government, or any pred-
ecessor government, directly or indirectly, through any controlled
entity: Provided, That the President does not find such action con-
trary to the national security.

(d) Productive enterprises competing with United States enter-
prise; conditions on assistance; import controls; waiver of restric-
tion by President.

No assistance shall be furnished under section 2161 of this title
for construction or operation of any productive enterprise in any
country where such enterprise will compete with United States
enterprise unless such country has agreed that it will establish
appropriate procedures to prevent the exportation for use or con-
sumption in the United States of more than twenty per centum of
the annual production of such facility during the life of the loan. In
case of failure to implement such agreement by the other contracting
party, the President i9 authorized to establish necessary import con-
trols to effectuate the agreement. The restrictions imposed by or pur-
suant to this subsection may be waived by the President where he
determines that such waiver is in the national security interest.

(e) Nationalization, expropriation or seizure of property of
United States citizens, or taxation or other exaction having same
effect; failure to compensate or to provide relief from taxes, exac-
tions, or conditions; report on full value of property by Foreign
Claims Settlement Commission ; act of state doctrine.

(1) The President shall suspend assistance to the government of
any country to which assistance is provided under this chapter or
any other Act when the government of such country or any govern-
ment agency or subdivision within such country on or after January 1,
1962—

(A) has nationalized or expropriated or seized ownership or
control of property owned by any United States citizen or by
any corporation, partnership, or association not less than 50 per
centum beneficially owned by United States citizens, or

(B) has taken steps to repudiate or nullify existing contracts
or agreements with any United States citizen or any corpora-
tion, partnership, or association not less than 50 per centum
beneficially owned by United States citizens, or

(C) has imposed or enforced discriminatory taxes or other
exactions or restrictive maintenance or operational conditions, or
has taken other actions, which have the effect of nationalizing,
expropriating, or otherwise seizing ownership or control of
property so owned,

and such country, government agency, or government subdivision fails
within a reasonable time (not more than six months after such action,
or, in the event of a referral to the Foreign Claims Settlement Com-
mission of the United States within such period as provided herein, not
more than twenty days after the report of the Commission is received)
to take appropriate steps, which may include arbitration, to discharge
its obligations under international law toward such citizen or entity,

272

including speedy compensation for such property in convertible for-
eign exchange, equivalent to the full value thereof, as required by inter-
national law, or fails to take steps designed to provide relief from
such taxes, exactions, or conditions, as the case may be; and such
suspension shall continue until the President is satisfied that appro-
priate steps are being taken, and no other provision of this chapter
shall be construed to authorize the President to waive the provisions
of this subsection.

Upon request of the President (within seventy days after such
action referred to in subparagraphs (A), (B), or (C) of this para-
graph, the Foreign Claims Settlement Commission of the United
States (established pursuant to Reorganization Plan No. 1 of 1954,
68 Stat. 1279) is hereby authorized to evaluate expropriated prop-
erty, determining the full value of any property nationalized, expro-
priated, or seized, or subjected to discriminatory or other actions as
aforesaid, for purposes of this subsection and to render an advisory
report to the President within ninety days after such request. Unless
authorized by the President, the Commission shall not publish its
advisory report except to the citizen or entity owning such property.
There is hereby authorized to be appropriated such amount, to
remain available until expended, as may be necessary from time to
time to enable the Commission to carry out expeditiously its func-
tions under this subsection.

(2) Notwithstanding any other provision of law, no court in the
United States shall decline on the ground of the federal act of state
doctrine to make a determination on the merits giving effect to the
principles of international law in a case in which a claim of title or
other rights to property is asserted by any party including a foreign
state (or a party claiming through such state) based upon (or traced
through) a confiscation or other taking after January 1, 1959, by an
act of that state in violation of the principles of international law,
including the principles of compensation and the other standards set
out in this subsection: Provided, That this subparagraph shall not
be applicable (1) in any case in which an act of a foreign state is
not contrary to international law or with respect to a claim of title
or other right to property acquired pursuant to an irrevocable letter
of credit of not more than 180 days duration issued in good faith
prior to the time of the confiscation or other taking, or (2) in any
case with respect to which the President determines that application
of the act of state doctrine is required in that particular case by the
foreign policy interests of the United States and a suggestion to this
effect is filed on his behalf in that case with the court.

(f) Prohibition against assistance to Communist countries; condi-
tions for waiver of restriction by President; enumeration of Com-
munist countries.

No assistance shall be furnished under this chapter (except sec-
tion 2174(b) of this title) to any Communist country. This
restriction may not be waived pursuant to any authority contained
in this chapter unless the President finds and promptly reports to
Congress that: (1) such assistance is vital to the security of the
United States; (2) the recipient country is not controlled by the

273

international Communist conspiracy; and (3) such assistance will
further promote the independence of the recipient country from
international communism. For the purposes of this subsection, the
phrase, "Communist country" shall include specifically, but not be
limited to, the following countries :

Peoples Republic of Albania,

Peoples Republic of Bulgaria,

Peoples Republic of China,

Czechoslovak Socialist Republic,

German Democratic Republic (East Germany)

Estonia,

Hungarian Peoples Republic,

Latvia,

Lithuania,

North Korean Peoples Republic,
North Vietnam,

Outer Mongolia-Mongolian Peoples Republic,
Polish Peoples Republic,
Rumanian Peoples Republic,
Tibet,

Federal Peoples Republic of Yugoslavia,
Cuba, and

Union of Soviet Socialist Republics (including its captive constitu-
ent republics) .

(g) Use of assistance funds to compensate owners for expropri-
ated or nationalized property.

Notwithstanding any other provision of law, no monetary assist-
ance shall be made available under this chapter to any government
or political subdivision or agency of such government which will be
used to compensate owners for expropriated or nationalized prop-
erty and, upon finding by the President that such assistance has
been used by any government for such purpose, no further assistance
under this chapter shall be furnished to such government until
appropriate reimbursement is made to the United States for sums so
diverted.

(h) Regulations and procedures to insure aid is not used contrary
to the best interest of the United States.

The President shall adopt regulations and establish procedures to
insure that United States foreign aid is not used in a manner which,
contrary to the best interests of the United States, promotes or as-
sists the foreign aid projects or activities of the Communist-bloc
countries.

(i) Denial of assistance to countries preparing for aggressive mil-
itary efforts.

No assistance shall be provided under this chapter or any other
Act, and no sales shall be made under the Agricultural Trade Devel-
opment and Assistance Act of 1954, to any country which the Presi-
dent determines is engaging in or preparing for aggressive military
efforts, or which hereafter is officially represented at any interna-
tional conference when that representation includes the planning of

274

activities involving insurrection or subversion, which military
efforts, insurrection, or subversion, are directed against —
m the United States,

(2) any country receiving assistance under this chapter or
any other Act, or

(3) any country to which sales are made under the Agricul-
tural Trade Development and Assistance Act of 1954,

until the President determines that such military efforts or prepara-
tions have ceased, or such representation has ceased, and he reports
to the Congress that he has received assurances satisfactory to him
that sucli military efforts or preparations will not be renewed, or
that such representation will not be renewed or repeated. This
restriction may not be waived pursuant to any authority contained
in this chapter.

(j) Damage or destruction by mob action of United States prop-
erty ; termination of assistance.

The President shall consider terminating assistance under this
chapter or any other Act to any country which permits, or fails to
take adequate measures to prevent, the damage or destruction by
mob action of United States property within such country, and fails
to take appropriate measures to prevent a recurrence thereof and to
provide adequate compensation for such damage or destruction.

(k) Maximum amount of assistance, including military assistance to
individual countries without approval of or presentation to Congress.

Without the express approval of Congress, no assistance shall be
furnished under this chapter to any country for construction of any
productive enterprise with respect to which the aggregate value of
assistance to be furnished by the United States will exceed
$100,000,000. Except as otherwise provided in section 2318 of this
title, no military assistance shall be furnished to any country under
this chapter for carrying out any program, with respect to which
the aggregate value of assistance to be furnished beginning July 1,
1966, by the United States will exceed $100,000,000 unless such pro-
gram has been included in the presentation to the Congress during
its consideration of authorizations for appropriations under this
chapter or of appropriations pursuant to authorizations contained in
this chapter. No provision of this chapter or any other Act shall be
construed to authorize the President to waive the provisions of this
subsection.

(1) Institution of investment guaranty program.
The President shall consider denying assistance under this chapter
to the government of any less developed country which, after
December 31, 1966, has failed to enter into an agreement with the
President to institute the investment guaranty program under sec-
tion 2181(b)(1) of this title, providing protection against the spe-
cific risks of inconvertibility under subparagraph (A), and expro-

(m) Grants to nations able to sustain burden of defense and eco-
nomic growth.

[Emphasis supplied.]

priation or confiscation under
2181(b)(1).

275

No assistance shall be furnished on a grant basis under this chap-
ter to any economically developed nation capable of sustaining its
own defense burden and economic growth, except (1) i to fulfill firm
commitments made prior to July 1, 1963, or (2) additional orienta-
tion and training expenses under subchapter II hereof during each
fiscal year in an amount not to exceed $500,000.

(n) Prohibition of assistance to countries engaged in North Viet-
nam trade.

No loans, credits, guaranties, or grants or other assistance shall be
furnished under this chapter or any other Act, and no sales shall be
made under the Agricultural Trade Development and Assistance Act
of 1954, to any country which sells or furnishes to North Vietnam,
or which permits ships or aircraft under its registry to transport to
or from North Vietnam, any equipment, materials, or commodities,
so long as the regime in North Vietnam gives support to hostilities
in South Vietnam.

(o) Exclusion from assistance of countries seizing or imposing
penalties or sanctions against United States fishing vessels.

In determining whether or not to furnish assistance under this
chapter, consideration shall be given to excluding from such assist-
ance any country which hereafter seizes, or imposes any penalty or
sanction against, any United States fishing vessel on account of its
fishing activities in international waters. The provisions of this
subsection shall not be applicable in any case governed by interna-
tional agreement to which the United States is a party.

(p) United Arab Republic to receive assistance if essential to
national interest of United States and of no aid to aggressive
actions; reports to Congressional committees.

No assistance shall be furnished under this chapter to the United
Arab Republic unless the President finds and reports within thirty
days of such finding to the Committee on Foreign Relations of the
Senate and the Speaker of the House of Representatives that such
assistance is essential to the national interest of the United States,
and further that such assistance will neither directly nor indirectly
assist aggressive actions by the United Arab Republic.

(q) Defaults in principal or interest payments on loans; meeting
obligations under loans; notice to Congressional committees.

No assistance shall be furnished under this chapter to any country
which is in default, during a period in excess of six calendar
months, in payment to the United States of principal or interest on
any loan made to such country under this chapter, unless such coun-
try meets its obligations under the loan or unless the President
determines that assistance to such country is in the national interest
and notifies the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate of such determina-
tion.

(r) Liability for repayment of principal or interest on loans out-
standing after September 19, 1966.

No recipient of a loan made under the authority of this chapter,
any part of which is outstanding on or after September 19, 1966,
shall be relieved of liability for the repayment of any part of the
principal of or interest on such loan.

276

(s) Restraint of arms races and proliferation of sophisticated
weapons^ ^ ^ restrain arms races and proliferation of sophisti-
cated weapons, and to ensure that resources ^^p""™
development are not diverted to military purposes, the President
shall take into account before furnishing development loans, Alli-
ance loans or supporting assistance to any country under this chap-
ter, and before makinglales under the Agricultural Trade Develop-
ment and Assistant Act of 1954, as amended :

(A) the percentage of the recipient or purchasing country s
budget which is devoted to military purposes;

(B) the degree to which the recipient or purchasing country
in using its foreign exchange resources to acquire military
equipment; and . . . ,

(C) the amount spent by the recipient or purchasing country
for the purchase of sophisticated weapons systems, such as mis-
sile systems and jet aircraft for military purposes, from any
country. , ,

(2) The President shall report annually to the Speaker ol tne
House of Representatives and the Committee on Foreign Relations
of the Senate his actions in carrying out this provision.

(t) Diplomatic relations; severance, resumption, and negotiation
of agreements.

No assistance shall be furnished under this chapter or any other
Act, and no sales shall be made under the Agricultural Trade Devel-
opment and Assistance Act of 1954, in or to any country which has
severed or hereafter severs diplomatic relations with the United
States or with which the United States has severed or hereafter
severs diplomatic relations unless (1) diplomatic relations have been
resumed with such country and (2) agreements for the furnishing of
such assistance or the making of such sales, as the case may be, have
been negotiated and entered into after the resumption of diplomatic
relations with such country.

(u) Status of country with respect to obligations to the United
Nations ; report to Congress.

In any decision to provide or continue to provide any program of
assistance to any country under the Foreign Assistance Act of 1961,
as amended, there shall be taken into account the status of the coun-
try with respect to its dues, assessments, and other obligations to the
United Nations; and where such country is delinquent with respect
to any such obligations for the purposes of the first sentence of Arti-
cle 19 of the United Nations Charter, the President shall furnish the
Committee on Foreign Relations of the Senate and the Speaker of
the House of Representatives a report setting forth the assurance
given by the government of the country concerned of paying all of
its arrearages and of placing its payments of such obligations on a
current basis, or a full explanation of the unusual or exceptional cir-
cumstances which render it economically incapable of giving such
assurance. (Pub. L. 87-195, pt. Ill, § 620, Sept. 4, 1961, 75 Stat.
444; Pub. L. 87-565, pt. Ill, § 301(d), Aug. 1, 1962, 76 Stat. 260;
Pub. L. 88-205, pt. Ill, § 301(e), Dec 16, 1963, 77 Stat. 386; Pub.

[Emphasis supplied.]

277

L. 88-633, pt. Ill, § 301(d)-(g), Oct. 7, 1964, 78 Stat 1013; Pub.
L. 89-171, pt. Ill, § 301(d), Sept. 6, 1965, 79 Stat. 659; Pub. L.

89- 583, pt. Ill, § 301(h), Sept. 19, 1966, 80 Stat. 805, 806; Pub. L.

90- 137, pt. Ill, § 301(f), Nov. 14, 1967, 81 Stat. 459; Pub. L.

90- 554, pt. Ill, § 301(c). Oct. 8, 1968, 82 Stat. 963; Pub. L.

91- 175, pt. Ill, § 303, Bee. 30, 1969, 83 Stat. 820. )

— N 0 T E —

Excef.pt From House Kept. 1818, 87th Cong., 1st Sess. (1961)

The managers on the part of the House accepted the
Senate provision which does not enumerate specific coun-
tries. The language agreed to clearly expresses the require-
ment that no assistance shall be furnished to the govern-
ment of any country unless the President determines that
such country is not dominated or controlled by the interna-
tional Communist movement. It is believed that the Execu-
tive should be given full responsibility for determining
whether or not any country is dominated or controlled by
the international Communist movement and should be
required to maintain continuous vigilance with respect to
this matter and make adjustments in its policy whenever
necessary. Consideration was given to the possibility that
the enumeration of specific countries might relieve the
Executive of a certain amount of responsibility and might
make the Executive less zealous in including additional gov-
ernments in the list when changes occurred altering their
relationship to the Soviet Union.

The managers on the part of the House accepted the pro-
vision of section 642 of the Senate bill which continues in
effect section 143 of the existing Mutual Security Act
requiring specified assurances as a condition of assistance to
Yugoslavia.

ASSISTANCE TO AND TRADE WITH CUBA (SEC. 620 (a))

Section 618 of the House amendment provided that no
assistance would be furnished to the present Government of
Cuba ; the President is authorized to establish and maintain
a total embargo on trade by the United States and Cuba;
and the furnishing of assistance to any country which fur-
nished assistance to the present Government of Cuba was
prohibited, unless the President determined such assistance
was in the national and hemispheric interests of the United
States.

The Senate bill retained section 552 of the Mutual Secu-
rity Act of 1954, as amended, which provided simply that
no assistance should be furnished to Cuba under this Act
after the date of enactment of the Mutual Security Act of
1960 unless the President determined that the assistance was

[Emphasis supplied.]

278

in the national and hemispheric interests of the United
States.

The managers on the part of the House receded from the
requirement that no assistance should be furnished any
country which furnished assistance to the present Govern-
ment of Cuba, recognizing that a finding based upon
national interest and hemispheric interests could be conflict-
ing. It might well be that to continue assistance to a coun-
try outside the Western Hemisphere would be in the
national interest but would not involve the hemispheric
interest. Therefore, the Senate position regarding the elimi-
nation of this requirement was accepted.

22 U.S.C. 2410. Sale of supersonic planes to Israel

It is the sense of the Congress that the President should take such
steps as may be necessary, as soon as practicable after October 8,
1968, to negotiate an agreement with the Government of Israel pro-
viding for the sale by the United States of such number of super-
sonic planes as may be necessary to provide Israel with an adequate
deterrent force capable of preventing future Arab aggression by
offsetting sophisticated weapons received by the Arab States and to
replace losses suffered by Israel in the 1967 conflict. (Pub. L.
87-195, pt. Ill, § 651, as added Pub. L. 90-554, pt. Ill, § 303, Oct. 8,
1968, 82 Stat. 966.)

—NOTE-
EXCERPT From Senate Reft. 1479, 90th Cong., 2d Sess. (1968)

SALE OF SUPERSONIC PLANES TO ISRAEL

The bill adds a new section 651 to the act expressing the
sense of Congress that the United States should sell to
Israel such number of supersonic planes as may be neces-
sary "to provide Israel with an adequate deterrent force
capable of preventing future Arab aggression by offsetting
sophisticated weapons received by the Arab States and to
replace losses suffered by Israel in the 1967 conflict."

The section is a statement of policy. The committee has in
mind a cash sale for dollars, but the precise terms, as well
as the number and type of aircraft, are left to the discre-
tion of the President.

Title 25 — Indians

25 U.S.C. 72. Abrogation of treaties

Whenever the tribal organization of any Indian tribe is in actual
hostility to the United States, the President is authorized, by procla-
mation, to declare all treaties with such tribe abrogated by such

[Emphasis supplied.]

279

tribe if in his opinion the same can be done consistently with good
faith and legal and national obligations. (R.S. § 2080.)

Title 26 — Internal Revenue Code

26 U.S.C. 168. Amortization of emergency facilities

(a) General rule.

Every person, at his election, shall be entitled to a deduction with
respect to the amortization of the adjusted basis (for determining
gain) of any emergency facility (as denned in subsection (d)), based
on a period of 60 months. Such amortization deduction shall be an
amount, with respect to each month of such period within the taxa-
ble year, equal to the adjusted basis of the facility at the end of
such month divided by the number of months (including the month
for which the deduction is computed) remaining in the period. Such
adjusted basis at the end of the month shall be computed without
regard to the amortization deduction for such month. The amortiza-
tion deduction above provided with respect to any month shall,
except to the extent provided in subsection (f), be in lieu of the
depreciation deduction with respect to such facility for such month
provided by section 167. The 60-month period shall begin as to any
emergency facility, at the election of the taxpayer, with the month
following the month in which the facility was completed or
acquired, or with the succeeding taxable year.

(b) Election of amortization.

The election of the taxpayer to take the amortization deduction
and to begin the 60-month period with the month following the
month in which the facility was completed or acquired, or with the
taxable year succeeding the taxable year in which such facility was
completed or acquired, shall be made by filing with the Secretary or
his delegate, in such manner, in such form, and within such time, as
the Secretary or his delegate may by regulations prescribe, a state-
ment of such election.

A taxpayer which has elected under subsection (b) to take the
amortization deduction provided in subsection (a) may, at any time
after making such election, discontinue the amortization deduction
with respect to the remainder of the amortization period, such dis-
continuance to begin as of the beginning of any month specified by
the taxpayer in a notice in writing filed with the Secretory or his
delegate before the beginning of such month. The depreciation
deduction provided under section 167 shall be allowed, beginning
with the first month as to which the amortization deduction does not
apply and the taxpayer shall not be entitled to any further amorti-
zation deduction with respect to such emergency facility.

(d) Definitions.

(1) Emergency facility.

280

For purposes of this section, the term "emergency facility
means any facility, land, building, machinery, or equipment, or
any part thereof, the construction, reconstruction, erection,
installation, or acquisition of which was completed after Decem-
ber 81, 1949, and with respect to which a certificate under
subsection (e) has been made. In no event shall an amortization
deduction be allowed in respect of any emergency facility for
any taxable year unless a certificate in respect thereof under this
paragraph shall have been made before the filing of the taxpay-
er's return for such taxable year.

(2) Emergency period.

For purposes of this section, the term ''emergency period"
means the period beginning January 1, 1950, and ending on the
date on which the President proclaims that the utilization of a
substantial portion of the emergency facilities with respect to
which certifications under subsection (e) have been made is no
longer required in the interest of national defense.

(e) Determination of adjusted basis of emergency facility.

In determining, for purposes of subsection (a) or (g), the
adjusted basis of an emergency facility —

( 1 ) Certification on or before August 22, 1957.

In the case of a certificate made on or before August 22, 1957,
there shall be included only so much of the amount of the
adjusted basis of such facility (computed without regard to this
section) as is properly attributable to such construction, recon-
struction, erection, installation, or acquisition after December
31, 1949, as the certifying authority, designated by the President
by Executive Order, has certified as necessary in the interest of
national defense during the emergency period, and only such
portion of such amount as such authority has certified as attrib-
utable to defense purposes. Such certification shall be under
such regulations as may be prescribed from time to time by such
certifying authority with the approval of the President. An
application for a certificate must be filed at such time and in
such manner as may be prescribed by such certifying authority
under such regulations, but in no event shall such certificate
have any effect unless an application therefor is filed before
March 24, 1951, or before the expiration of 6 months after the
beginning of such construction, reconstruction, erection, or
installation or the date of such acquisition, whichever is later.

(2) Certifications after August 22, 1957.

In the case of a certificate made after August 22, 1957, there
shall be included only so much of the amount of the adjusted
basis of such facility (computed without regard to this section)
as is properly attributable to such construction, reconstruction,
erection, installation, or acquisition after December 31, 1949, as
the certifying authority designated by the President by Execu-
tive order, has certified is to be used —

(A) to produce now or specialized defense items or com-
ponents of new or specialized defense items (as defined in
paragraph (4) during the emergency period,

281

(B) to provide research, developmental, or experimental
services during the emergency period for the Department of
Defense- (or one of the component departments of such
Department), or for the Atomic Energy Commission, as a
part of the national defense program, or

(C) to provide primary processing for uranium ore or
uranium concentrate under a program of the Atomic
Energy Commission for the development of new sources of
uranium ore or uranium concentrate,

and only such portion of such amount as such authority has cer-
tified is attributable to the national defense program. Such cer-
tification shall be under such regulations as may be prescribed
from time to time by such certifying authority with the
approval of the President. An application for a certificate must
be filed at such time and in such manner as may be prescribed
by such certifying authority under such regulations but in no
event shall such certificate have any effect unless an application
therefor is filed before the expiration of 6 months after the
beginning of such construction, reconstruction, erection, or
installation or the date of such acquisition. For purposes of the
preceding sentence, an application which was timely filed under
this subsection on or before August 22, 1957, and which was
pending on such date, shall be considered to be an application
timely filed under this paragraph.

(3) Separate facilities ; special rule.

After the completion or acquisition of any emergency facility
with respect to which a certificate under paragraph (1) or (2)
has been made, any expenditure (attributable to such facility
and to the period after such completion or acquisition) which
does not represent construction, reconstruction, erection, installa-
tion, or acquisition included in such certificate, but with respect
to which a separate certificate is made under paragraph (1) or
(2), shall not be applied in adjustment of the basis of such
facility, but a separate basis shall be computed therefor pur-
suant to paragraph (1) or (2), as the case may be, as if it were
a new and separate emergency facility.

(4) Definitions.

For purposes of paragraph (2) —

(A) New or specialized defense item.

The term "new or specialized defense item" means only
an item (excluding services) —

(i) which is produced, or will be produced, for sale
to the Department of Defense (or one of the component
departments of such Department), or to the Atomic
Energy Commission, for use in the national defense
program, and

(li) for the production of which existing productive
facilities are unsuitable because of its newness or of its
specialized defense features.

(B) Component of new or specialized defense item.

The term component of a new or specialized defense item
means only an item —

282

(i) which is, or will become, a physical part of a new
or specialized defense item, and

(li) for the production of which existing productive
facilities are unsuitable because of its newness or of its
specialized defense features.
(5) Limitation with respect to uranium ore or uranium concen-
trate processing facilities.

No certificate shall be made under paragraph (2) (C) with
respect to any facility unless existing facilities for processing
the uranium ore or uranium concentrate which will be processed
by such facility are unsuitable because of their location.

(f) Depreciation deduction.

If the adjusted basis of the emergency facility (computed without
regard to this section) is in excess of the adjusted basis computed
under subsection (e), the depreciation deduction provided by section
167 shall, despite the provisions of subsection (a) of this section, be
allowed with respect to such emergency facility as if its adjusted
basis for the purpose of such deduction were an amount equal to the
amount of such excess.

(g) Payment by United States of unamortized cost of facility.

If an amount is properly includible in the gross income of the
taxpayer on account of a payment with respect to an emergency
facility and such payment is certified as provided in paragraph (1),
then, at the election of the taxpayer in its return for the taxable
year in which such amount is so includible —

(1) The amortization deduction for the month in which such
amount is so includible shall (in lieu of the amount of the
deduction for such month computed under subsection (a)) be
equal to the amount so includble but not in excess of the
adjusted basis of the emergency facility as of the end of such
month (computed without regard to any amortization deduction
for such month). Payments referred to in this subsection shall
be payments the amounts of which are certified, under such reg-
ulations as the President may prescribe, by the certifying
authority designated by the President as compensation to the
taxpayer for the unamortized cost of the emergency facility
made because —

(A) a contract with the United States involving the use
of the facility has been terminated by its terms or by can-
cellation, or

(B) the taxpayer had reasonable ground (either from
provisions of a contract with the United States involving
the use of the facility, or from written or oral representa-
tions made under authority of the United States) for antic-
ipating future contracts involving the use of the facility,
which future contracts have not been made.

(2) In case the taxpayer is not entitled to any amortization
deduction with respect to the emergency facility, the deprecia-
tion deduction allowable under section 167 on account of the
month in which such amount is so includible shall be increased
by such amount, but such deduction on account of such month
shall not be m excess of the adjusted basis of the emergency

283

facility as of the end of such month (computed without regard
to any amount allowable, on account of such month, under sec-
tion 167 or this paragraph).

(h) Life tenant and remainderman.

In the case of property held by one person for life with remainder
to another person, the deduction shall be computed as if the life
tenant were the absolute owner of the property and shall be allowable
to the life tenant.

(i) Termination.

No certificate under subsection (e) shall be made with respect to
any emergency facility after December 31, 1959.
(j) Cross reference.

For special rule with respect to gain derived from the sale or
exchange of property the adjusted basis of which is determined with
regard to this section, see section 1238.

(Aug. 16, 1954, ch. 736, 68A Stat. 52; Aug. 26, 1957, Pub. L.
85-165, § 4, 71 Stat. 414; Sept. 2, 1958, Pub. L. 85-866, title I, § 9
(a), (b), 72 Stat. 1608, 1609.)

— NOTE—

Excerpt From Senate Reft. 836 (Minority), 85th Cong.,
1st Sess. (1957)

SECTION 4 — limitation on emergency amortization

Section 4 of the bill amends section 168 of the Internal
Revenue Code of 1954, which relates to the rapid amortiza-
tion of emergency facilities. Subsection (a) amends subsec-
tion (e) (1) of section 168, which contains the authorization
for the certifying authority designated by the President to
certify for emergency amortization such facilities as are
"necessary in the interest of national defense during the
emergency period." The amendment limits this broad
authorization to certifications made on or before August 22,
1957. This termination will have no effect on the status of
certificates issued prior to that date. If a taxpayer who was
granted a certificate prior to August 22, 1957, then acquires
a facility so different from the facility described in the
original certificate as to require, under regulations of the
Office of Defense Mobilization a new application for an
amended certificate then the new application, if acted upon
after August 22, 1957, will be subject to paragraph (2).
Similarly, renewal, after August 22, 1957, of a certificate
which has expired prior to its renewal will be subject to
paragraph (2).

Subsection (b) inserts a new paragraph (2) in section 168
(e) to provide the conditions upon which certifications for
rapid amortization may be made after August 22, 1957. In
general, the new subsection (2) follows the concepts of the
present subsection (1) except that more specific conditions

[Emphasis supplied.]

284

for certifiability are inserted in lieu of the present concept
"necessary in the interest of national defense." For certifi-
cation after August 22, the facilities must be planned to
produce new or specialized defense items (as denned in par.
i) , or components thereof, during the emergency period, or
to provide research, developmental or experimental services
for the Department of Defense or one of its components or
for the Atomic Energy Commission in connection with
their national defense programs. The certifications for facil-
ities to perform research, developmental or experimental
services may not be made for facilities connected with the
civil functions of the Defense Department or in connection
with work on peacetime usage of atomic energy that might
be undertaken by the Atomic Energy Commission.

26 U.S.C. 7508. Time tor performing certain acts postponed by

REASON OP WAR

(a) Time to be disregarded.

In the case of an individual serving in the Armed Forces of the
United States, or serving in support of such Armed Forces, in an
area designated by the President of the United States by Executive
order as a "combat zone" for purposes of section 112, at any time
during the period designated by the President by Executive order as
the period of combatant activities in such zone for purposes of such
section, or hospitalized outside the States of the Union and the Dis-
trict of Columbia as a result of injury received while serving in such
an area during such time, the period of service in such area, plus the
period of continuous hospitalization outside the States of the Union
and the District of Columbia attributable to such injury, and the
next 180 days thereafter, shall be disregarded in determining, under
the internal revenue laws, in respect of any tax liability (including
any interest, penalty, additional amount, or addition to the tax) of
such individual —

(1) Whether any of the following acts was performed within
the time prescribed therefor:

(A) Filing any return of income, estate, or gift tax
(except income tax withheld at source and income tax
imposed by subtitle C or any law superseded thereby) ;

(B) Payment of any income, estate, or gift tax (except
income tax withheld at source and income tax imposed by
subtitle C or any law superseded thereby) or any install-
ment thereof or of any other liability to the United States
in respect thereof ;

(C) Filing a petition with the Tax Court for redetermi-
nation of a deficiency, or for review of a decision rendered
by the Tax Court ;

D) Allowance of a credit or refund of any tax ;

E) Filing a claim for credit or refund of any tax;
[Emphasis supplied.]

285

(F) Bringing suit upon any such claim for credit or
refund ;

(G) Assessment of any tax ;

(H) Giving or making any notice or demand for the
payment of any tax, or with respect to any liability to the
United States in respect of any tax ;

(I) Collection, by the Secretary or his delegate, by levy
or otherwise, of the amount of any liability in respect of
any tax ;

(J) Bringing suit by the United States, or any officer on
its behalf, in respect of any liability in respect of any tax ;
and

(K) Any other act required or permitted under the inter-
nal revenue laws specified in regulations prescribed under
this section by the Secretary or his delegate;
(2) The amount of any credit or refund (including interest),
(b) Exceptions.

(1) Tax in jeopardy; bankruptcy and receiverships; and trans-
ferred assets.

Notwithstanding the provisions of subsection (a), any action or
proceeding authorized by section 6851 (regardless of the taxable
year for which the tax arose) , chapter 70, or 71, as well as any other
action or proceeding authorized by law in connection therewith, may
be taken, begun, or prosecuted. In any other case in which the Secre-
tary or his delegate determines that collection of the amount of any
assessment would be jeopardized by delay, the provisions of subsec-
tion (a) shall not operate to stay collection of such amount by levy
or otherwise as authorized by law. There shall be excluded from any
amount assessed or collected pursuant to this paragraph the amount
of interest, penalty, additional amount, and addition to the tax, if
any, in respect of the period disregarded under subsection (a). In
any case to which this paragraph relates, if the Secretary or his del-
egate is required to give any notice to or make any demand upon
any person, such requirement shall be deemed to be satisfied if the
notice or demand is prepared and signed, in any case in which the
address of such person last known to the Secretary or his delegate is
in an area for which United States post offices under instructions of
the Postmaster General are not, by reason of the combatant activi-
ties, accepting mail for delivery at the time the notice or demand is
signed. In such case the notice or demand shall be deemed to have
been given or made upon the date it is signed.

(2) Action taken before ascertainment of right to benefits.

The assessment or collection of any internal revenue tax or of any
liability to the United States in respect of any internal revenue tax,
or any action or proceeding by or on behalf of the United States in
connection therewith, may be made, taken, begun, or prosecuted in
accordance with law, without regard to the provisions of subsection
(a), unless prior to such assessment, collection, action, or proceeding
it is ascertained that the person concerned is entitled to the benefits
of subsection (a).

(Aug. 16, 1954, ch. 736, 68A Stat. 898.)

286

Title 29 — Labor

29 U.S.C. 176. National emergencies ; appointment or board of in-
quiry by President; report; contents; filing with Service

Whenever in the opinion of the President of the United Statet, a
threatened or actual strike or lockout affecting an entire industry or
a substantial part thereof engaged in trade, commerce, transporta-
tion, transmission, or communication among the several States or
with foreign nations, or engaged in the production of goods for
commerce, will, if permitted to occur or to continue, imperil the
national health or safety, he may appoint a board of inquiry to
inquire into the issues involved in the dispute and to make a written
report to him within such time as he shall prescribe. Such report
shall include a statement of the facts with respect to the dispute,
including each party's statement of its position but shall not contain
any recommendations. The President shall file a copy of such report
with the Service and shall make its contents available to the public.
(June 23, 1947, ch. 120, title II, § 206, 61 Stat. 155.)

—NOTE-
EXCERPT from House Reft. 245, 80th Cono., 1st Sess. (1947)

Section 206 of the Senate amendment authorized the
Attorney General, whenever he deemed that a threatened or
actual strike or lock-out affecting an entire industry would
imperil the national health or safety, to appoint a board of
inquiry to inquire into the issues involved in the dispute.
The board of inquiry was directed to investigate the matter
and make a report to the Attorney General. The report was
to include a statement of facts and a statement of the
respective positions of the parties, but was not to contain
any recommendations. Under section 206 of the conference
agreement the authority is lodged in the President rather
than in the Attorney General, and the report which the
board of inquiry is to make is to include each party's state-
ment of his own position. Like the provisions of the Senate
amendment, the report of the board of inquiry cannot con-
tain any recommendations. Furthermore, under the confer-
ence agreement the authority of this section may be invoked
not alone when an entire industry is involved hut where a
substantial part of an entire industry is involved.

necessity for legislation

During the last few years, the effects of industrial strife
have at times brought our country to the brink of general
economic paralysis. Employees have suffered, employers
have suffered — and above all the public has suffered.

[Emphasis supplied.]

287

The enactment of comprehensive legislation to define
clearly the legitimate rights of employers and employees in
their industrial relations, in keeping with the protection of
the paramount public interest, is imperative.

29 U.S.C. 178. Same ; strikes subject to injunction ; inapplicabil-
ity OF SECTIONS 101 TO 115 OP THIS TITLE; REVIEW

(a) Upon receiving a report from a board of inquiry the Presi-
dent may direct the Attorney General to petition any district court
of the United States having jurisdiction of the parties to enjoin
such strike or lock-out or the continuing thereof, and if the court
finds that such threatened or actual strike or lock-out —

(i) affects an entire industry or a substantial part thereof
engaged in trade, commerce, transportation, transmission, or
communication among the several States or with foreign
nations, or engaged in the production of goods for commerce;
and

(ii) if permitted to occur or to continue, toill imperil the
national health or safety, it shall have jurisdiction to enjoin any
such strike or lockout, or the continuing thereof, and to make
such other orders as may be appropriate.

(b) In any case, the provisions of sections 101 to 115 of this title,
shall not be applicable.

(c) The order or orders of the court shall be subject to review by
the appropriate United States court of appeals and by the Supreme
Court upon writ of certiorari or certification as provided in sections
346 and 347 of Title 28. (June 23, 1947, ch. 120, title II, § 208, 61
Stat. 155; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24,
1949, ch. 139, § 127, 63 Stat. 107.)

—NOTE-
EXCERPT prom House Kept. 245, 80th Cong., 1st Sess. (1947)

NATIONAL EMERGENCIES

Sections 203 to 206, inclusive, of the House bill gave the
President, through the district courts of the United States,
power to deal with strikes that resulted in or imminently
threatened to result in the cessation or substantial curtail-
ment of interstate or foreign commerce in essential public
services. Provision was made for mediation of the dispute
after the injunction had issued, and for a secret ballot of
the employees on their employer's last offer of settlement if
mediation did not result in an agreement. If the employer's
last offer was rejected by the employees, provision was
made for the convening by the chief justice of the United
States Court of Appeals for the District of Columbia of a
special advisory settlement board to investigate the dispute

[EmphaBls supplied.]

288

and to make recommendations for its settlement. Another
secret ballot by the employees was provided on the question
whether they desired to accept the recommended settlement.
At the conclusion of the proceedings provided for, the
Attorney General was directed to move the court to dis-
charge the injunction and the injunction was to be dis-
charged. These provisions were not to apply to any person
or dispute subject to the Railway Labor Act.

*******
Section 208 of the Senate amendment authorized the
Attorney General, upon receiving the report of the board of
inquiry, to apply to the appropriate district court for an
injunction enjoining the strike or lock-out, and the court
was authorized to issue the injunction if it found that the
strike or lock-out affected the entire industry and would
imperil the national health or safety. The Norris-
LaGuardia Act was made inapplicable. Section 208 of the
conference agreement follows the provisions of the Senate
amendment except that, as heretofore stated, the authority
is lodged in the President rather than in the Attorney Gen-
eral, and the injunction can issue if the strike or lock-out
affects an entire industry or a substantial part thereof.

Title 31 — Monet and Finance

31 U.S.C. 80a. Same ; extension op time during war or emergency

The time for examination of monthly accounts covering expendi-
tures by disbursing officers of the Army after the date of actual
receipt by bureaus and offices of the Department of the Army and
before transmitting the same to the General Accounting Office, as
limited by sections 44, 78, 80, and 496 of this title, and notwith-
standing the provisions of section 80 of this title, is extended, in
time of war or during any emergency declared by Congress or deter-
mined by the President and for a period of eighteen months after
such war or emergency shall have ceased to exist, from sixty to
ninety days. (Nov. 21, 1941, ch. 499, 55 Stat. 781.)

31 U.S.C. SOb. Administrative examination of accounts op
United States Marine Cori*s expenditures

The time for examination of monthly accounts covering expendi-
tures by disbursing officers and special disbursing agents of the
United States Navy, United States Marine Corps, and United States
Coast Guard after the date of aotual receipt at the administrative
office or offices designated to make the examination, and before

[Emphasis supplied.]

289

transmitting the same to the General Accounting Office, as limited
by sections 78 and 496 of this title, is extended from twenty to sixty
days. In time of war or national emergency and for a period of
eighteen months after such war or emergency shall have ceased to
exist, the time for examination of such monthly accounts is extended
from sixty to ninety days. (Dec. 26, 1941, ch. 629, 55 Stat. 862;
Dec. 23, 1944, ch. 720, 58 Stat. 923.)

31 U.S.C. 80c. Administrative examination of accounts of Navy

EXPENDITURES ; EXTENSION OF TIME DURING WAR OR EMERGENCY

The time for examination of quarterly accounts covering expendi-
tures by disbursing officers of the United States Navy after the date
of actual receipt in the Bureau of Supplies and Accounts, Navy
Department, and before transmitting the same to the General
Accounting Office, as limited by sections 78 and 496 of this title, is
extended from sixty to ninety days in time of war or during any
emergency declared by Congress and for a period of eighteen
months after such war or emergency shall have ceased to exist. (Feb.
20, 1942, ch. 95, 56 Stat. 94.)

—NOTE-
EXCERPT from House Reft. 1242, 77th Cong., 1st Sess. (1941)

The purpose of the proposed legislation is to extend from
60 to 90 days, in time of war or national emergency, and
for 18 months thereafter, the time during which the
accounts of disbursing officers of the Army may be retained
in the War Department for administrative action prior to
transmission to the General Accounting Office.

Under present law a disbursing officer's accounts must be
transmitted to the General Accounting Office within 60 days
after receipt by the War Department except that in time of
war the Secretary of the Treasury is authorized to extend
this period to 90 days. If the transmission of such an
account is delayed beyond the authorized period the Gen-
eral Accounting Office is required to disapprove any requisi-
tion for an advance of money to the disbursing officer whose
account is delayed. In such event the disbursing officer is
precluded by the terms of section 12 of the act of July 31,
1894, as amended, from continuing his disbursing duties
pending an order of the President, or, in the event of the
absence from the seat of government or sickness of the
President, an order of the Secretary of the Treasury, in the
particular case, authorizing the advance of monev
requested. Act of July 31, 1894 (28 Stat. 209), as amended
by act of March 2, 1895 (28 Stat. 807), and act of June 10,
1921 (42 Stat. 24) ; act of March 2, 1901 (31 Stat. 910) , as
amended by act of June 10, 1921 (42 Stat. 24) ; and act of

[Emphasis supplied.]

290

July 9, 1918 (40 Stat. 892), as amended by act of June 10,
1921 (42 Stat. 24). . .

Normally 60 days is ample time for administrative exami-
nation of accounts prior to transmission to the General
Accounting Office, but due to the increased activities and
expanded operations arising out of the present emergency,
some accounts are so large that more than 60 days is
required for their proper examination.

It is not intended that advantage will be taken of the
additional time allowed by the proposed measure except in
the few, but nevertheless recurring, instances, where an
unusually large or complicated account requires additional
time for proper examination.

The enactment of this proposed legislation would result
in no additional cost to the Government.

The Bureau of the Budget advises that there is no objec-
tion to the submission of this proposed legislation for the
consideration of the Congress.
Sincerely yours,

Henry L. Sttmson,

Secretary of War.

31 U.S.C. 203. Assignments op claims ; set-oft against assignee

All transfers and assignments made of any claim upon the United
States, or of any part or share thereof, or interest therein, whether
absolute or conditional, and whatever may be the consideration there-
for, and all powers of attorney, orders, or other authorities for
receiving payment of any such claim, or of any part or share
thereof, except as hereinafter provided, shall be absolutely null and
void, unless they are freely made and executed in the presence of at
least two attesting witnesses, after the allowance of such a claim, the
ascertainment of the amount due, and the issuing of a warrant for
the payment thereof. Such transfers, assignments, and powers of
attorney, must recite the warrant for payment, and must be
acknowledged by the person making them, before an officer having
authority to take acknowledgments of deeds, and shall be certified
by the officer; and it must appear by the certificate that the officer,
at the time of the acknowledgement, read and fully explained the
transfer, assignment, or warrant of attorney to the person acknowl-
edging the same. The provisions of this section shall not apply to
payments for rent of postoffice quarters made by postmasters to
duly authorized agents of the lessors.

The provisions of the preceding paragraph shall not apply in any
case in which the moneys due or to become due from the United
States or from any agency or department thereof, under a contract
providing for payments aggregating $1,000 or more, are assigned to
a bank, trust company, or other financing institution, including any
Federal lending agency : Provided,

[Emphasis supplied.]

291

1. That in the case of any contract entered into prior to October
9, 1940, no claim shall be assigned without the consent of the head
of the department or agency concerned ;

2. That in the case of any contract entered into after October 9,
1940, no claim shall be assigned if it arises under a contract which
forbids such assignment ;

3. That unless otherwise expressly permitted by such contract any
such assignment shall cover all amounts payable under such contract
and not already paid, shall not be made to more than one party, and
shall not be subject to further assignment, except that any such
assignment may be made to one party as agent or trustee for two or
more parties participating in such financing;

4. That in the event of any such assignment, the assignee thereof
shall file written notice of the assignment together with a true copy
of the instrument of assignment with (a) the contracting officer or
the head of his department or agency; (b) the surety or sureties
upon the bond or bonds, if any, m connection with such contract;
and (c) the disbursing officer, if any, designated in such contract to
make payment.

Notwithstanding any law to the contrary governing the validity
of assignments, any assignment pursuant to this section, shall consti-
tute a valid assignment for all purposes.

In any case in which moneys due or to become due under any con-
tract are or have been assigned pursuant to this section, no liability
of any nature of the assignor to the United States or any depart-
ment or agency thereof, whether arising from or independently of
such contract, shall create or impose any liability on the part of the
assignee to make restitution, refund, or repayment to the United
States of any amount heretofore since July 1, 1950, or hereafter
received under the assignment.

Any contract of the Department of Defense, the General Services
Administration, the Atomic Energy Commission, or any other
department or agency of the United States designated by the Presi-
dent, except any such ccntract under which full payment has been
made, may, in time of war or national emergency proclaimed by the
President {including the national emergency proclaimed December
16, 1950) or by Act or joint resolution of the Congress and until
such war or national emergency has been terminated in such manner,
provide or be amended without consideration to provide that pay-
ments to be made to the assignee of any moneys due or to become
due under such contract shall not be subject to reduction or set-off,
and if such provision or one to the same general effect has been at
any time heretofore or is hereafter included or inserted in any such
contract, payments to be made thereafter to an assignee of any
moneys due or to become due under such contract, whether during or
after such war or emergency, shall not be subject to reduction or
set-off for any liability of any nature of the assignor to the United
States or any department or agency thereof which arises independ-
ently of such contract, or hereafter for any liability of the assignor
on account of (1) renegotiation under any renegotiation statute or

[Emphasis supplied.]

292

under anv statutory renegotiation article in the contract. (2) fines,
(3) penalties (which term does not include amounts which may be
collected or withheld from the assignor in accordance with or for
failure to comply with the terms of the contract) , or (4) taxes,
social security contributions, or the withholding or nonwithholding
of taxes or social security contributions, whether arising from or
independently of such contract.

Except as herein otherwise provided, nothing in this section shall
be deemed to affect or impair rights or obligations heretofore
accrued. (R.S. §3477; May 27. 1908, ch. 206. 35 Stat. 411; Oct. 9,
1940, ch. 779, § 1, 54 Stat. 1029; May 15, 1951, ch. 75, 65 Stat. 41.)

—NOTE-

EXCERPT from Senate Rf.pt. 217, 82d Cong., 1st Sess. (1951)

The purpose of this enactment was to encourage the par-
ticipation of banks in the financing of Government contrac-
tors under the defense program of that time. It permitted
contractors to assign to financing institutions moneys due or
to become due under their Government contracts, and it
assured the assignee banks that, when payments were made
to them by the Government pursuant to such assignments,
such payments would not lie subject to reduction or set-off
on account of any claims the Government might have
against the contractor arising independently of the assigned
contract.

*******

Enactment of S. 998. with committee amendments, would
make it clear that a bank or other financing institution
taking an assignment of claims pursuant to the act would
not be subject to later recovery by the Government of
amounts previously paid to the bank as assignee, except, of
course, that it would not prevent the Government from
obtaining restitution of amounts which may have been paid
as the result of fraud.

Second, the amendment would continue the provision of
the present law that, if an assigned contract contains a "no
set-off" clause, payments made by the Government to the
assignee bank will not be subject to reduction or set-off
because of any claims of the Government against the con-
tractor which arise independently of the contract, but it
would also be made clear that the assignee would be pro-
tected against set-off on account of claims of the Govern-
ment against the contractor arising from renegotiation,
fines, and penalties — claims which are ordinarily regarded
as arising outside of the assigned contract. In any event,
however, where the Government has claims against the con-
tractor, the Government would be allowed to withhold, out
of payments due to an assignee bank, any amounts in excess
of the bank's interest in loans secured by such assignments.

293

Finally, the authority for including the "no set-off"
clause in Government contracts, which is now restricted to
the Departments of the Army, Navy, and Air Force, would
be extended to contracts entered into by the General Serv-
ices Administration, the Atomic Energy Commission, and
such other agencies of the Government as the President
may designate. However, authority for the inclusion of the
clause would not be mandatory — it would be permissive in
all cases at the discretion of the Government agencies
concerned.

31 U.S.C. 241. Same; payments

(a) Authority of heads of military departments and Secretary of
the Treasury ; claims by members of uniformed services ; limitation ;
replacement of property in kind; authority of Department of
Defense over claims of civilian employees ; payments to survivors.

(1) Under such regulations as the Secretary of a military depart-
ment, or the Secretary of the Treasury with respect to the Coast
Guard when it is not operating as a part of the Navy, may pre-
scribe, he or his designee may settle and pay a claim arising after
August 31, 1964, against the United States for not more than
$10,000 made by a member of the uniformed services under the
jurisdiction of that department or the Coast Guard or by a civilian
officer or employee of that department or the Coast Guard, for
damage to, or loss of, personal property incident to his service. If
the claim is substantiated and the possession of that property is
determined to be reasonable, useful, or proper under the circum-
stances, the claim may be paid or the property replaced in kind.
This subsection does not apply to claims settled before August 31,
1964.

(2) Under such regulations as the Secretary of Defense may pre-
scribe, he or any officer designated by him has the same authority as
the Secretary of a military department with respect to a claim by a
civilian employee of the Department of Defense not otherwise cov-
ered by this subsection for damage to, or loss of personal property
incident to, his service.

(3) If a person named in this subsection is dead, the Secretary of
the military department concerned or his designee, or the Secretary
of the Treasury or his designee, pr the Secretary of Defense or his
designee, as the case may be, may settle and pay any claim made by
the decedent's surviving (1) srJouse, (2) children, (3) father or
mother, or both, or (4) brothers or. sisters, or both, that arose before,
concurrently with, or after the decedent's death and is otherwise
covered by this subsection. Claims of survivors shall be settled and
paid in the order named.

(b) Members of non-military departments; limitation; replace-
ment of property in kind ; payments to survivors.

(1) Subject to any policies the President may prescribe to effec-
tuate the purposes of this subsection and under such regulations as
the head of an agency, other than a military department^ the Secre-

294

tary of the Treasury with respect to the Coast Guard, or the
Department of Defense, may prescribe, he or his designee may settle
and pay a claim arising after the effective date of this Act against
the United States for not more than $6,500 made by a member of
the uniformed services under the jurisdiction of that agency or by a
civilian officer or employee of that agency for damage to, or loss of,
personal property incident to his service. If the claim is substanti-
ated and the possession of that property is determined to be reasona-
ble, useful, or proper under the circumstances, the claim may be
paid or the property replaced in kind. This subsection does not
apply to claims settled before its enactment.

(2) If a person named in this subsection is dead, the head of the
agency concerned, or his designee, may settle and pay any claim
made by the decedent's surviving (1) spouse, (2) children, (3)
father or mother, or both, or (4) brothers or sisters, or both, that
arose before, concurrently with, or after the decedent's death and is
otherwise covered by this subsection. Claims of survivors shall be
settled and paid in the order named.

A claim may be allowed under this section for damage to, or loss
of, property only if —

(1) It is presented in writing within two years after it
accrues, except that if the claim accrues in time of war or in
time of armed conflict in which any armed force of the United
States is engaged or if such a war or armed conflict intervenes
within two years after it accrues, and if good came is shmon,
the claim may be presented not later than two years after that
cause ceases to exist, or two years after the war or armed con-
flict is terminated, whichever is earlier;

(2) it did not occur at quarters occupied by the claimant
within the fifty States or the District of Columbia that were not
assigned to him or otherwise provided in kind by the United
States; or

(3) it was not caused wholly or paitlv by the negligent or
wrongful act of the claimant, his agent, or his employee.

(d) Dates of beginning and ending of an armed conflict.

For the purposes of subsection (c) (1) of this section, the dates of
beginning and ending of nn armed conflict are the dates established
by concurrent resolution of Congress or by a determination of the
President.

(e) Repealed. Pub. L. 91-311, July 8, 1970, 84 Stat. 412.

(f ) District of Columbia employees; personal property claims.
The provisions of sections 240 to 243 of this title apply in respect

to the damage to, or loss of, personal property incident to service of
any officer or employee of the government of the District of Colum-
bin, iri-espoctive of whether the damage or loss occurs within or out-
side the District of Columbia, except that in applying such provi-
sions in connection with the damage or loss of personal property of
an officer or employee of Hie government of the District of Colum-
bia, the terms "agency" and "United States" shall be held to mean
the government of the District of Columbia, and the term "head of
[Emphasis supplied.]

295

agency" shall be held to mean the Commissioner of the District of
Columbia. (Pub. L. 88-558, § 3, Aug. 31, 1964, 78 Stat. 7C7; Pub. L.
89-185, § 3(b), Sept. 15, 1965, 79 Stat. 789; Pub. L. 90-561, Oct.
12, 1968, 82 Stat. 998; Pub. L. 91-311, July 8, 1970, 84 Stat. 412.)

—NOTE-
EXCERPT from House Reft. 460, 88th Cong., 2d Sess. (1948)

The purpose of the proposed legislation is to extend to
other agencies of Government the authority now possessed
by the military departments with respect to settlement of
claims for loss or damage of personal property of members
of the Armed Forces or civilian employees of those depart-
ments when the loss or damage is incident to their Govern-
ment service.

The proposed legislation has a history that goes back to
September 1952, when over 100 employees of the Civil Aer-
onautics Administration, our predecessor agency, suffered
loss of personal property in a typhoon at Wake Island
because the quarters provided by the Government proved to
be inadequate protection.

While the Department of Commerce was considering the
submission of private bills to pay for these losses, it
received a suggestion from Congressman Chauncey W.
Reed, then chairman of the House Committee on the Judici-
ary, that it prepare, instead, a draft of general legislation
to permit administrative payment of claims of this type by
heads of executive agencies without, in each case, presenting
them to the Congress for adjustment through private bills.
A widespread need for such legislation existed apart from
the Wake Island disaster, and the Department complied
with this request.

The House of Representatives recognizing the need for
the authority sought, passed H.R. 10357 in the 87th Con-
gress. However, Congress adjourned without the Senate's
taking action on the bill. The draft proposal submitted
herewith is identical to H.R. 10357 as passed by the House.

This Agency's continuing experience with the hardship
suffered by Government employees who suffer losses inci-
dent to their employment through no fault of their own
serves to strengthen our conviction that an imperative need
continues to exist for passage of this legislation. To particu-
larize, several employees suffered loss of personal belong-
ings when they were forced to evacuate from an aircraft in
which they were traveling in the course of their duties.
Others sustained losses through theft of personally owned
hand tools stored at the place of their employment provided
by the Government. Employees have borne personal prop-

[Emphasls supplied ]

296

erty losses where their belongings were stored in Govern-
ment buildings which were consumed by fire.

The recent Typhoon Karen incident on Guam demon-
strates the costly and inconveninent circumstances into
which Government employees are from time to time thrust.
That typhoon caused 84 FAA employees to suffer personal
property losses, averaging roughly $1,500 for married
employees and $450 for single. Some expeditious means of
reinstating those suffering the loss to their normal circum-
stances is needed.

The only recourse these employees now have is to seek
compensation for the loss by a private relief bill. This is a
very costly process for the Government, and an unnecessar-
ily burdensome route for the employee, the employing
agency, and the Congress. In many instances the expenses
incurred by the Government in processing such bills exceeds
the amount of the claim.

It seems apparent that it is in the best interests of the
■ Government to permit settlement of these claims adminis-
tratively. Enactment of this legislation would be a financial
Saving to the Government. It would provide to the Govern-
ment agencies a means of restoring the unfortunate and
•unforeseen losses sustained by their employees under cir-
cumstances in which it is fair that the Government should
make up the loss.

The Bureau of the Budget has advised that there is no'
objection from the standpoint of the administration's pro-
gram to the submission of this proposed legislation to the
Congress.

Sincerely,

N. E. Halaby, Administrator.

Title 32 — National Guard

32 U.S.C. 104. Units: location; organization; command

(a) Each State and Territory, Puerto Rico, and the Canal Zone
may fix the location of the units and headquarters of its National
Guard.

(b) Except as otherwise specifically provided in this title, the
organization of the Army National Guard and the composition of
its units shall be the same as those prescribed for the Army, subject,
in time of peace, to such general exceptions as the Secretary of the
Army may authorize; and the organization of the Air National
Guard and the composition of its units shall be the same as those
prescribed for the Air Force, subject, in time of peace, to such gen-
eral exceptions as the Secretary of the Air Force may authorize.

(c) To secure a force the units of which when combined will form
complete higher tactical units, the President may designate the units

297

of the National Guard, by branch of the Army or organization of
the Air Force, to be maintained in each State and Territory, Puerto
Rico, the Canal Zone, and the District of Columbia. However, no
change in the branch, organization, or allotment of a unit located
entirely within a State may be made without the approval of its
governor.

(d) To maintain appropriate organization and to assist in train-
ing and instruction, the President may assign the National Guard to
divisions, wings, and other tactical units, and may detail commis-
sioned officers of the National Guard or of the Regular Army or the
Regular Air Force, as the case may be, to command those units.
However, the commanding officer of a unit organized wholly within
a State or Territory, Puerto Rico, the Canal Zone, or the District of
Columbia may not be displaced under this subsection.

(e) To insure prompt mobilization of the National Guard in time
of war or other emergency, the President may, in time of peace,
detail a commissioned officer of the Regular Army to perform the
duties of chief of staff for each fully organized division of the
Army National Guard, and a commissioned officer of the Regular
Air Force to perform the duties of the corresponding position for
each fully organized wing of the Air National Guard.

(f ) Unless the President consents —

(1) an organization of the National Guard whose members
have received compensation from the United States as members
of the National Guard may not be disbanded ; and

(2) the actual strength of such an organization in commis-
sioned officers or enlisted members may not be reduced below the
minimum strength prescribed by the President.

Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 598.)

32 U.S.C. 111. Suspension op certain provisions op this title

In time of war, or of emergency declared by Congress, the Presi-
dent may suspend the operation of any provision of sections 307(e),
309, 310, and 323 (d) and (e) of this title with respect to the Army
National Guard or the Air National Guard. (Added Pub. L.
85-861, § 2(3), Sept. 2, 1958, 72 Stat. 1543.)

Sections 307(c), 309, 310, and 323 refer to the condi-
tions under which National Guard officers may be federally
recognized.

— NOTE—

Excert from Senate Kept. 2010, 85th Cong., 2d Sesb. (1958)
suspension op this act during time of war or national emergency

This section provides for the suspension of all or any
part of the act in time of war or national emergency
declared by the Congress and requires that in case of the

[Emphasis supplied.]

298

suspension of promotion laws, the Secretary of Defense will
recommend legislation for the readjustment of the grades of
Reserve officers, if necessary.

32 U.S.C. 302. Enlistments, reenlistments, and extensions

(a) Under regulations to be prescribed by the Secretary con-
cerned, original enlistments in the National Guard may be accepted
for —

(1) any specified term, not less than three years, for persons
who have not served in an armed force; or

(2) any specified term, not less than one year, for persons
who have served in any armed force.

(b) Under regulations to be prescribed by the Secretary con-
cerned, reenlistment in the National Guard may be accepted for any
specified period, or, if the person last served m one of the highest
five enlisted grades, for an unspecified period.

(1) under regulations to be prescribed by the Secretary con-
cerned, at the request of the member, for any period not less
than six months; or

(2) by proclamation of the President, if Congress declares an
emergency, until six months after termination of that emer-
gency.

(Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Oct. 4, 1961, Pub. L.
87-378, § 5(1), 75 Stat. 808.)

— NOTE—

Excert from Senate Rfjpt. 492, 87th Cong., 1st Sess. (1961)

Persons who are members of the Standby Reserve can be
recalled to active duty only in time of war or national
emergency declared by the Congress and then only if tie
Director of Selective Service has determined that the
member is available for active duty. A person who is a
member of the Ready Reserve may be recalled to active
duty involuntarily in a national emergency proclaimed by
the President alone after August 9, 1955. For members of
the Army Reserve and the National Guard the effect of the
committee action is to release those persons who enlisted in
the 6-month training program before reaching the age of
18% from 2 years of membership in the Standby Reserve.
Since Standby reservists can be recalled to active duty only
in a congressional declaration of war or national emergency
and only after the Director of Selective Service has deter-
mined that the member is available for active duty, it is
apparent that the change will not substantially affect the
availability of reservists in these components. In the Marine
[Emphasis supplied.]* '

299

Corps Reserve there will be a loss of some persons who now
are liable for recall as members of the Heady Reserve,
although they are not actively participating in training.

32 U.S.C. 715. Property loss ; personal injury or death : activities

UNDER CERTAIN SECTIONS OF THIS TITLE

(a) Under such regulations as the Secretary of the Army or Sec-
retary of the Air Force may prescribe, he or, subject to appeal to
him, the Judge Advocate General of the armed force under his
jurisdiction, if designated by him, may settle, and pay in an amount
not more than $15,000 a claim against the United States for —

(1) damage to, or loss of, real property, including damage or
loss incident to use and occupancy ;

(2) damage to, or loss of, personal property, including prop-
erty bailed to the United States or the National Guard and
including registered or insured mail damaged, lost, or destroyed
by a criminal act while in the possession of the National Guard ;
or

(3) personal injury or death;

either caused by a member of the Army National Guard or the
Air National Guard, as the case may be, while engaged in train-
ing or duty under section 316, 502, 503, 504, or 505 of this title
or any other provision of law for which he is entitled to pay
under section 206 of title 37, or for which he has waived that
pay, and acting within the scope of his employment; or other-
wise incident to noncombat activities of the Army National
Guard or the Air National Guard, as the case maybe, under one
of those sections.

(b) A claim may be allowed under subsection (a) only if —

(2) it is not covered by section 2734 of title 10 or section 2672
of title 28;

(3) it is not for personal injury or death of such a member or
a person employed under section 709 of this title, whose injury
or death is incident to his service;

(4) the damage to, or loss of, property, or the personal injury

wrongful act of the claimant, his agent, or his employee ; and

(5) it is substantiated as prescribed in regulations of the Sec-
retary concerned.
For the purposes of clause (1), the dates of the beginning and end
of an armed conflict are the dates established by concurrent resolu-
tion of Congress or by a determination of the President.

[Emphasis supplied.]

or death, was not caused

300

(c) Payment may not be made under this section for reimburse-
ment for medical, hospital, or burial services furnished at the
expense of the United States or of any State or the District of
Columbia or Puerto Rico.

(d) If the Secretary of the military department concerned consid-
ers that a claim in excess of $15,000 is meritorious and would other-
wise be covered by this section, he may pay the claimant $15,000 and
report the excess to Congress for its consideration.

(e) Except as provided in subsection (dj, no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.

(f) In any case where the amount to be paid is not more than
$2,500, the authority contained in subsection (a) may be delegated to
any officer of the Army or the Air Force, as the case may be, who
has been delegated authority under section 2733(g) of title 10, to
settle similar claims, subject to appeal to the Secretary concerned, or
his designee for that purpose.

(g) Notwithstanding any other provision of law, the settlement of
a claim under this section is final and conclusive.

(h) In this section, "settle" means consider, ascertain, adjust,
determine, and dispose of a claim, whether by full or partial allow-
ance or disallowance. (Added Pub. L. 86-740, § 1(1), Sept. 13, 1960,
74 Stat. 878, and amended Pub. L. 87-649, § 8(b), Sept. 7, 1962, 76
Stat. 495; Pub. L. 90-486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub.
L. 90-525, § 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91-312, § 3,
July 8, 1970, 84 Stat. 412.)

—Note-
Excerpt From Senate Reft. 1502, 86th Cong., 2d Sess. (1960)

PURPOSE

The purpose of the proposed legislation, as amended, is to
authorize the Secretary of the Army or Secretary of the
Air Force to pay claims against the United States for
damage to, or loss of, real property, including damage or
loss incident to use and occupancy; for damage to, or loss
of, personal property, including property bailed to the
United States or the National Guard, and for personal
injury or death caused by a member of the Army National
Guard or the Air National Guard while such member is
engaged in training or duty under sections 316, 502, 503,
504, or 505 of title 32, United States Code, or under any
other provision of law for which such member is entitled to
pay under section 301 of title 37, and while acting within
the scope of his employment. The bill also provides for the
time in which such claims may be filed, and contains other
limiting circumstances. The payment authorized under the
bill, as amended, is limited to $5,000, with a proviso that
any amount over and above $5,000 may be referred to the
Congress for its consideration.

301

Title 33 — Navigation and Navigable Waters

[Chapter 17 — Coast and Geodetic Survey]

33 U.S.C. 853. Appointments and promotions made by
President ; suspension during war or emergency

(a) Appointments in and promotions to all permanent grades
shall be made by the President, by and with the advice and consent
of the Senate.

(b) In time of emergency declared by the President or by the
Congress, and in time of war, the President is authorized, in his dis-
cretion, to suspend the operation of all or any part or parts of the
several provisions of law pertaining to promotion. (June 3, 1948, ch.
390, § 10, 62 Stat. 299; June 21, 1955, ch. 172, §4(b), 69 Stat. 170.)

33 U.S.C. 854a-l. Temporary appointment or advancement of
commissioned officers in time of war or national emergency

Personnel of the National Oceanic and Atmospheric Administra-
tion shall be subject in like manner and to the same extent as per-
sonnel of the Navy to all laws authorizing temporary appointment
or advancement of commissioned officers in time of war or national
emergency subject to the following limitations :

(1) Commissioned officers in the service of a military depart-
ment, under the provisions of sections 854, 855, 856, 857, and 858
of this title may, upon the recommendation of the Secretary of
the military department concerned, be temporarily promoted to
higher ranks or grades.

(2) Commissioned officers in the service of the National
Oceanic and Atmospheric Administration may be temporarily
promoted to fill vacancies in ranks and grades caused by the
transfer of commissioned officers to the service and jurisdiction
of a military department under the provisions of sections 854,
855, 856, 857, and 858 of this title.

(3) Temporary appointments may be made in all grades to
which original appointments in the National Oceanic and
Atmospheric Administration are authorized : Provided, That the
number of officers holding temporary appointments shall not
exceed the number of officers transferred to a military depart-
ment under the provisions of sections 854, 855, 856, 857, and 858
of this title.

(Dec. 3, 1942, ch. 670, § 1, 56 Stat. 1038; Oct. 14, 1966, Pub. L.
89-657, § 3, 80 Stat. 907; 1970 Keorg. Plan No. 4, eff. Oct. 30, 1970,
35F.R. 15627, 84 Stat.)

[Emphasis supplied.]

302

—NOTE-
EXCERPT From Senate Kept. 1656, 77th Cong., 2d Sess. (1942)

The Committee on Commerce, to whom was referred the
bill (H.R. 7556) authorizing the temporary appointment or
advancement of commissioned officers of the Coast and Geo-
detic Survey in time of war or national emergency, and for
other purposes, having considered the same, report favora-
bly thereon without amendment and recommend that the
bill do pass.

33 U.S.C. 855. Cooperation with and transfer to military
departments

The President is authorized, whenever in his judgment a sufficient
national emergency exists, to transfer to the service and jurisdiction
of a military department such vessels, equipment, stations, and com-
missioned officers of the National Oceanic and Atmospheric Admin-
istration as he may deem to the best interest of the country, and
after such transfer all expenses connected therewith shall be
defrayed out of the appropriations for the department to which
transfer is made: Provided, That such vessels, equipment, stations,
and commissioned officers shall be returned to the National Oceanic
and Atmospheric Administration when such national emergency
ceases, in the opinion of the President, and nothing in this section
shall be construed as transferring the National Oceanic and Atmos-
pheric Administration or any of its functions from the Department
of Commerce except in time of national emergency and to the extent
herein provided : Provided further, That any of the commissioned
officers of the National Oceanic and Atmospheric Administration
who may be transferred as provided in this section, shall while
under the jurisdiction of a military department, have proper mili-
tary status and shall be subject to the laws, regulations, and orders
for the government of the Army, Navy, or Air Force, as the case
may be, insofar as the same may be applicable to persons whose
retention permanently in the military service of the United States is
not contemplated by law. (May 22, 1917, ch. 20, § 16, 40 Stat. 87;
Oct. 14, 1966, Pub. L. 89-657, § 1(1), 80 Stat. 907; 1970 Eeorg.
Plan No. 4, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat.)

— NOTE-
EXCERPT From Senate Reft. 36, 65th Cong., 1st Sess. (1917)

Section 16 of this bill provides for transferring of the
Coast and Geodetic Survey to the Army and Navy during
the war, at the discretion of the PvesideTit. This is recom-
mended by the Secretary of the Navy, the Secretary of
War, and the Secretary of Commerce. This service will be

[Emphasis supplied.]

303

valuable for use in the present war, and in addition it was
desirable to give the members of this service a legal war
status.

Title 35 — Patents

35 U.S.C. 181. Secrecy of certain inventions and withholding
or patent

Whenever publication or disclosure by the grant of a patent on an
invention in which the Government has a property interest might, in
the opinion of the head of the interested Government agency, be det-
rimental to the national security, the Commissioner upon being so
notified shall order that the invention be kept secret and shall with-
hold the grant of a patent therefor under the conditions set forth
hereinafter.

Whenever the publication or disclosure of an invention by the
granting of a patent, in which the Government does not have a
property interest, might, in the opinion of the Commissioner, he det-
rimental to the national security, he shall make the application for
patent in which such invention is disclosed available for inspection
to the Atomic Energy Commission, the Secretary of Defense, and
the chief officer of any other department or agency of the Govern-
ment designated by the President as a defense agency of the United
States.

Each individual to whom the application is disclosed shall sign a
dated acknowledgment thereof, which acknowledgment shall be
entered in the file of the application. If, in the opinion of the
Atomic Energy Commission, the Secretary of a Defense Depart-
ment, or the chief officer of another department or agency so desig-
nated, the publication or disclosure of the invention by the granting
of a patent therefor would be detrimental to the national security,
the Atomic Energy Commission, the Secretary of a Defense Depart-
ment, or such other chief officer shall notify the Commissioner and
the Commissioner shall order that the invention be kept secret and
shall withhold the grant of a patent for such period as the national
interest requires, and notify the applicant thereof. Upon proper
showing by the head of the department or agency who caused the
secrecy order to be issued that the examination of the application
might jeopardize the national interest, the Commissioner shall there-
upon maintain the application in a sealed condition and notify the
applicant thereof. The owner of an application which has been
placed under a secrecy order shall have a right to appeal from the
order to the Secretary of Commerce under rules prescribed by him.

An invention shall not be ordered kept secret and the grant of a
patent withheld for a period of more than one year. The Commis-
sioner shall renew the order at the end thereof, or at the end of any
renewal period, for additional periods of one year upon notification
by the head of the department or the chief officer of the agency who

[Emphasis supplied.]

304

caused the order to be issued that an affirmative determination has
been made that the national interest continues so to require. An
order in effect, or issued, during a time when the United States is at
war, shall remain in effect for the duration of hostilities and one
year following cessation of hostilities. An order in effect, or issued,
during a national emergency declared by the President shall remain
in effect for the duration of the national emergency and six months
thereafter. The Commissioner may rescind any order upon notifica-
tion by the heads of the departments and the chief officers of the
agencies who caused the order to be issued that the publication or
disclosure of the invention is no longer deemed detrimental to the
national security. (July 19, 1952, ch. 950, 66 Stat. 805.)

— N O T E—

Excerpt From House Reft. 1028, 82d Cong., 2d Sess. (1952)

This bill changes the temporary act of Congress now in
force into permanent law, with several changes recognized
as desirable as a result of experience under the temporary
law and problems anticipated under a permanent law.

The act of October 6, 1917 (40 Stat. 394, ch. 95; 35 U.S.C. 12)
authorized the Commissioner of Patents to withhold from issue pat-
ents or inventions important to the national defense during wartime.
On July 1, 1940, Public Law 700 was enacted to make the provisions
of the act of October 6, 1917, effective for 2 years despite the fact
that the United States was not at war. This action was decided upon
by the Congress because it was apparent that the national interest
was endangered by the publication of certain patents. In 1942,
Public Law 609 was enacted to keep Public Law 700 in effect during
World War II. In 1941, the act was further amended by Public Law
239 to prohibit the filing of foreign patent applications without the
license of the Commissioner of Patents and to provide penalties for
the violation of the act.

The temporary act, as amended, remains in force during the time
when the United States is at war and will cease to be in effect upon
the official termination of the war. The purpose of the proposed bill
is to grant the Secretary of Commerce, under certain conditions, the
authority to keep inventions secret and to withhold issue of patents
when necessary for the national security. According to the Defense
Department, it is important to the national defense that the issuance
of patents resulting from research and development sponsored by
the aimed services and others relating to classified matters be with-
held for a period in which the publication of such matters may jeop-
ardize the national interest. The applications in the Patent Office
which are presently being withheld from issuance under Public Law
700 will be issued as patents after the official termination of the war
unless legislation tn prevent this is enacted. Accordingly the immi-
nence of the declaration by the Congress of the end of the war with
Germany and the signing of the Japanese Peace Treaty daces this
bill in the class of urgent legislation. *

[Emphasis supplied.]

305

Title 37 — Pay and Allowances of the Uniformed Services

37 U.S.C. 202. Pay grades : assignment to ; rear admirals of
upper half ; officers holding certain positions in the navy

* * * * * * *

(e) An officer of the Navy or the Coast Guard holding a perma-
nent appointment in the grade of rear admiral on the retired list
who is entitled to the basic pay of a rear admiral of the lower half
and who, in time of war or national emergency, has served satisfac-
torily on active duty for two years in that grade or in a higher
grade is entitled when on active duty to the basic pay of a rear
admiral of the upper half.

* * * * * * *

37 U.S.C. 310. Special pay: duty subject to hostile fire

(a) Except in time of war declared by Congress, and under regu-
lations prescribed by the Secretary of Defense, a member of a uni-
formed service may be paid special pay at the rate of $65 a month
for any month in which he was entitled to basic pay and in which he —

( 1 ) was subject to hostile fire or explosion of hostile mines ;

(2) was on duty in an area in which he was in imminent
danger of being exposed to hostile fire or explosion of hostile
mines and in which, during the period he was on duty in that
area, other members of the uniformed services were subject to
hostile fire or explosion of hostile mines; or

(3) was killed, injured, or wounded by hostile fire, explosion
of a hostile mine, or any other hostile action.

A member covered by clause (3) who is hospitalized for the treat-
ment of his injury or wound may be paid special pay under this sec-
tion for not more than three additional months during which he is
so hospitalized.

(b) A member may not be paid more than one special pay under
this section for any month. A member may be paid special pay under
this section in addition to any other pay and allowances to which
he may be entitled.

(c) Any determination of fact that is made in administering this
section is conclusive. Such a determination may not be reviewed by
any other officer or agency of the United States unless there has
been fraud or gross negligence. However, the determination may be
changed on the basis of new evidence or for other good cause.

(d) The Secretary of Defense shall report to Congress by March
1 of each year on the administration of this section during the pre-
ceding calendar year. (Added Pub. L. 88-132, § 9(a)(1), Oct. 2,
1963, 77 Stat. 216 and amended Pub. L. 89-132, § 4, Aug. 21, 1965,
79 Stat. 547.)

[Emphasis supplied.]

306

37 U.S.C. 407. Travel and transportation allowances:

DISLOCATION ALLOWANCE

(a) Except as provided by subsections (b) and (c) of this section,
under regulations prescribed by the Secretary concerned, a member
of a uniformed service —

(1) whose dependents make an authorized move in connection
with his change of permanent station ;

(2) whose dependents are covered by section 405(a) of this
title; or

(3) without dependents, who is transferred to a permanent
station where he is not assigned to quarters of the United
States; is entitled to a dislocation allowance equal to bis basic
allowance for quarters for one month as provided for a member
of his pay grade and dependency status in section 403 of this
title. For the purposes of this subsection, a member whose
dependents may not make an authorized move in connection
with a change of permanent station is considered a member
without dependents.

(b) A member is not entitled to more than one dislocation allow-
ance during a fiscal year unless —

(1) The Secretary concerned finds that the exigencies of the
service require the member to make more than one such change
of station during that fiscal year ;

(2) the member is ordered to a service school as a change of
permanent station; or

(3) the member's dependents are covered by section 405a (a)
of this title.

This subsection does not apply in time of national emergency
declared after April 1, 1955, or in time of war.

(c) A member is not entitled to payment of a dislocation allow-
ance when ordered from his home to his first duty station or from
his last duty station to his home. (Pub. L. 87-649, Sept. 7, 1962, 76
Stat. 474; Pub. L. 89-26, § 1 (3), (4), May 22, 1965, 79 Stat, 117;
Pub. L. 89-718, § 60, Nov. 2, 1966, 80 Stat 1123; Pub. L. 90-207,
§ 1(4), Dec. 16, 1967, 81 Stat. 651.)

37 U.S.C. 427. Family separation allowance

(a) In addition to any allowance or per diem to which he other-
wise may be entitled under this title, a member of a uniformed serv-
ice with dependents who is on permanent duty outside of the United
States, or in Alaska, is entitled to a monthly allowance equal to the
basic allowance for quarters payable to a member without depend-
ents in the same pay grade if —

(1) the movement of his dependents to his permanent station
or a place near that station is not authorized at the expense of
tho United States under section 406 of this title and his depend-
ents do not reside at or near that station ; and

(2) quarters of the United States or a housing facility under
the jurisdiction of a uniformed service are not available for
assignment to him.

307

(b) Except in time of war or of national emergency hereafter
declared by Congress, and in addition to any allowance or per diem
to which he otherwise may be entitled under this title, including
subsection (a) of this section a member of a uniformed service with
dependents (other than a member in pay grade E-l, E-2, E-3, or
E-4 (4 years' or less service) ) is entitled to a monthly allowance
equal to '$30 if—

( 1 ) the movement of hi;- dependents to his permanent station
or a place near that station is not authorized at the expense of
the United States under section 406 of this title and his depend-
ents do not reside at or near that station ;

(2) he is on duty on board a ship away from the home port
of the ship for a continuous period of more than 30 days ; or

(3) he is on temporary duty away from his permanent station
for a continuous period of more than 30 days and his depend-
ents do not reside at or near his temporary duty station.

A member who becomes entitled to an allowance under this subsec-
tion by virtue of duty described in clause (2) or (3) for a continu-
ous period of more than 30 days is entitled to the allowance effective
as of the first day of that period. An allowance is payable under this
subsection even though the member does not maintain for his
primary dependents who would otherwise normally reside with him,
a residence or household, subject to his management and control,
which he is likely to share with them as a common household when
his duty assignment permits. (Added Pub. L. 88-132, § 11(1), Oct.
2, 1963, 77 Stat. 217, and amended Pub. L. 91-529, § 1, Dec. 7, 1970,
84 Stat. 1389; Pub. L. 91-533, § 1, Dec. 7, 1970, 84 Stat. 1392.)

37 U.S.C. 901. Wartime pay of officer of armed force exercising

COMMAND HIGHER THAN HIS GRADE

In time of war, an officer of an armed force who is serving with
troops operating against an enemy and who exercises, under assign-
ment in orders issued by competent authority, a command above that
pertaining to his grade, is entitled to the pay and allowances (not
above that of pay grade 0-7) appropriate to the command so exer-
cised. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486.)

Title 38 — Veterans' Benefits

38 U.S.C. 101. Definitions
For the purposes of this title —

(1) The term "Administrator" means the Administrator of Vet-
erans' Affairs.

(2) The term "veteran" means a person who served in the active
military, naval, or air service, and who was discharged or released
therefrom under conditions other than dishonorable.

[Emphasis supplied.]

308

(3) The term "widow" means (except for purposes of chapter 19
of this title) a woman who was the wile of a veteran at the time of
his death, and who lived with him continuously from the date of
marriage to the date of his death (except where there was a separa-
tion which was due to the misconduct of, or procured by, the veteran
without the fault of the wife) and who has not remarried or (in
cases not involving remarriage) has not since the death of the vet-
eran, and after September 19, 1962, lived with another man and held
herself out openly to the public to be the wife of such other man.

(4) The term "child" means (except for purposes of chapter 19 of
this title and section 5202(b) of this title) a person who is unmar-
ried and —

(A) who is under the age of eighteen years;

(B) who, is before attaining the age of eighteen years,
became permanently incapable of self-support ; or

(C) who, after attaining the age of eighteen years and until
completion of education or training (but not after attaining the
age of twenty-three years), is pursuing a course of instruction
at an approved educational institution ;

and who is a legitimate child, a legally adopted child, a stepchild
who is a member of a veteran's household or was a member at the
time of the veteran's death, or an illegitimate child but, as to the
alleged father, only if acknowledged in writing signed by him, or if
he has been judicially ordered to contribute to the child's support or
has been, before his death, judicially decreed to be die father of such
child, or if he is otherwise shown by evidence satisfactory to the
Administrator to be the father of such child. A person shall be
deemed, as of the date of death of a veteran, to be the legally
adopted child of such veteran if such person was at the time
of the veteran's death living in the veteran's household and was
legally adopted by the veteran's surviving spouse within two years
after the veteran's death or the date of enactment of this sen-
tence; however, this sentence shall not apply if at the time of the
veteran's death, such person was receiving1 regular contributions
toward his support from some individual other than the veteran or
his spouse, or from any public or private welfare organization which
furnishes services or assistance for children. A person with respect
to whom an interlocutory decree of adoption has been issued by an
appropriate adoption authority shall be recognized thereafter as a
legally adopted child, unless and until that decree is rescinded: Pro-
vided, That the child remains in the custody of the adopting parent
or parents during the interlocutory period.

(5) The term "parent" means (except for purposes of chapter 19
of this itdtle) a father, a mother, a father through adoption, a
mother through adoption, or an individual who for a period of not
less than one year stood in the relationship of a parent to a veteran
at any time before his entry into active military, naval, or air serv-
ice or if two persons stood in the relationship of a father or a
mother for one year or more, the person who last stood in the rela-
tionship of father or mother before the veteran's last entry into
active military, naval, or air service.

309

(6) The term "Spanish-American War" (A) means the period
beginning on April SI. 1898, and ending on July 4, 1902, (B)
includes the Philippine Insurrection and the Boxer Eebellion, and
(C) in the case of a veteran who served with the United States mili-
tary forces engaged in hostilities in the Moro Province, means the
period beginning on April 21, 1898, and ending on July 15, 1903.

(7) The term "World War I" (A) means the period beginning on
April 6, 1917, and ending on November 11, 1918, and (B) in the case
of a veteran who served with the United States military forces in
Russia, means the period beginning on April 6, 1917, and ending on
April 1, 1920.

(8) The term "World War II" means (except for purposes of
chapters 31 and 37 of this title) the period beginning on December
7, 1941, and ending on December SI, 1946.

(9) The term "Korean conflict" means the period beginning on
J une 27, 1950, and ending on J anuary 31, 1955.

(10) The term "Armed Forces" means the United States Army,
Navy, Marine Corps, Air Force, and Coast Guard, including the
reserve components thereof.

(11) The term "period of war" means the Spanish-American War,
the Mexican border period. World War I, World War II, the
Korean conflict, the Vietnam era, and the period beginning on the
date of any future declaration of war by the Congress and ending
on the date prescribed by Presidential proclamation or concurrent
resolution of the Congress.

(12) The term "veteran of any war" means any veteran who
served in the active military, naval, or air service during a period of
war.

(13) The term "compensation" means a monthly payment made
by the Administrator to a veteran because of service-connected disa-
bility, or to a widow, child, or parent of a veteran because of the
service-connected death of the veteran occurring before January 1,
1957.

(14) The term "dependency and indemnity compensation" means
a monthly payment made by the Administrator to a widow, child, or
parent (A) because of a service-connected death occurring after
December 31, 1956, or (B) pursuant to the election of a widow,
child, or parent, in the case of such a death occurring before Janu-
ary 1, 1957.

(15) The term "pension" means a monthly payment made by the
Administrator to a veteran because of service, age, or non-service-
connected disability, or to a widow or child of a veteran because of
the non-service-connected death of the veteran.

(16) The term "service-connected" means, with respect to disabil-
ity or death, that such disability was incurred or aggravated, or that
the death resulted from a disability incurred or aggravated, in line
of duty in the active military, naval, or air service.

(17) The term "non-service-connected" means, with respect to dis-
ability or death, that such disability was not incurred or aggravated,
or that the death did not result from a disability incurred or aggra-
vated, in line of duty in the active military, naval, or air service.

[Emphasis supplied.]

310

(18) The term "discharge or release" includes retirement from the
active military, naval, or air service.

(19) The term "State home" means a home established by a btate
(other than a possession) for veterans of any war (including the
Indian Wars) disabled by age, disease, or otherwise who by reason
of such disability are incapable of earning a living. Such term also
includes such a home which furnishes nursing home care for veter-
ans of any war.

(20) The term "State" means each of the several States, Territo-
ries, and possessions of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico. For the purpose of section
903 and chapters 34 and 35 of this title, such term also includes the
Canal Zone.

(21) The term "active duty" means —

(A) full-time duty in the Armed Forces, other than active
duty for training ;

(B) full-time duty (other than for training purposes) as a
commissioned officer of the Regular or Reserve Corps of the
Public Health Service (i) on or after July 29, 1945, or (ii)
before that date under circumstances affording entitlement to
"full military benefits" or (iii) at any time, for the purposes of
chapter 13 of this title ;

(C) full-time duty as a commissioned officer of the National
Oceanic and Atmospheric Administration or its predecessor
organization the Coast and Geodetic Survey (i) on or after July
29, 1945, or (ii) before that date (a) while on transfer to one of
the Armed Forces, or (b) while, in time of war or national
emergency declared by the President, assigned to duty on a
project for one or the Armed Forces in an area determined by
the Secretary of Defense to be of immediate military hazard, or
(c) in the Phillippine Islands on December 7, 1941, and continu-
ously in such isands thereafter, or (iii) at any time, for the pur-
poses of chapter 13 of this title;

(D) service as a cadet at the United States Military, Air
Force, or Coast Guard Academy, or as a midshipman at the
United States Naval Academy ; and

(E) authorized travel to or from such duty or service.

(22) The term "active duty for training" means —

(A) full-time duty in the Armed Forces performed by
Reserves for training purposes ;

(B) full-time duty for training purposes performed as a com-
missioned officer of the Reserve Corps of the Public Health
Service (i) on or after July 29, 1945, or (ii) before that date
under circumstances affording entitlement to "full military ben-
efits," or (iii) at any time, for the purposes of chapter 13 of this
title;

(C) in the ease of members of the National Guard or Air
National Guard of any State, full-time duty imder section 316
502, 503. 504 or 505 of title 32, or the prior corresponding provi-
sions of law; and

(D) authorized travel to or from such duty. The term does
not include duty performed as a temporary member of the
Coast Guard Reserve.

311

(23) The term "inactive duty training'' means —

(A) duty (other than full-time duty) prescribed for Reserves
(including commissioned officers of the Reserve Corps of the
Public Health Service) by the Secretary concerned under sec-
tion 206 of title 37 or any other provision of law ; and

(B) special additional duties authorized for Reserves (includ-
ing commissioned officers of the Reserve Corps of the Public
Health Service) by an authority designated by the Secretary
concerned and performed by them on a voluntary basis in
connection with the prescribed training or maintenance activi-
ties of the units to which they are assigned.

In the case of a member of the National Guard or Air National
Guard of any State, such term means duty (other than full-time
duty) under "sections 316, 502, 503, 504, or 505 of title 32, or the
prior corresponding provisions of law. Such term does not include
(i) work or study performed in connection with correspondence
courses, (ii) attendance at an educational institution in an inactive
status, or (iii) duty performed as a temporary member of the Coast
Guard Reserve.

(24) The term "Active military, naval, or air service" includes
active duty, any period of active duty for training during which the
individual concerned was disabled or died from a disease or injury
incurred or aggravated in line of duty, and any period of inactive
duty training during which the individual concerned was disabled or
died from an injury incurred or aggravated in line of duty.

(25) The term "Secretary concerned" means —

(A) the Secretary of the Army, with respect to matters con-
cerning the Army ;

(P>) the Secretary of the Navy, with respect to matters con-
cerning the Navy or the Marine Corps ;

(D) the Secretary of Transportation, with respect to matters
concerning the Coast Guard ;

(E) the Secretary of Health, Education, and Welfare, with
respect to matters concerning the Public Health Service ; and

(F) the Secretary of Commerce, with respect to matters con-
cerning the National Oceanic and Atmospheric Administration
or its predecessor organization the Coast and Geodetic Survey.

(26) The term "Reserve" means a member of a reserve component
of one of the Armed Forces.

(27) The term "reserve component" means, with respect to the
Armed Forces —

( A ) the Army Reserve ;

(B) the Naval Reserve ;

( C ) the Marine Corps Reserve ;

(D) the Air Force Reserve ;

(E) the Coast Guard Reserve ;

(F) the National Guard of the United States; and

(G) the Air National Guard of the United States.

(28) The term "nursing home care" means the accommodation of
convalescents or other persons who are not acutely ill and not in
need of hospital care, but who require skilled nursing care and

312

related medical services, if such nursing care and medical services
are prescribed by, or are performed under the general direction of,
persons duly licensed to provide such care. The term includes inten-
sive care where the nursing service is under the supervision of a reg-
istered professional nurse.

(29) The term "Vietnam era" means the -period beginning August
5, 1964, and ending on such date as shall thereafter be determined
by Presidential proclamation or concurrent resolution of the Con-

(30) The term "Mexican border period" means the period begin-
ning on May 9, 1916, and ending on April 5, 1917, in the case of a
veteran who during such period served in Mexico, on the borders
thereof, or in the water adjacent thereto (Pub. L. 85-857, Sept. 2,
1958, 72 Stat. 1106; Pub. L. 86-195, Aug. 25, 1959, 73 Stat. 424;
Pub. L. 87-674, § 1, Sept. 19, 1962, 76 Stat 558; Pub. L. 87-315,
§ 3, Oct. 15, 1962,' 76 Stat. 927; Pub. L. 88-450, § 4(c), (d), Aug. 19,
1964, 78 Stat. 504; Pub. L. 89-311, § 2(c) (1), Oct. 31, 1965, 79
Stat. 1155; Pub. L. 89-358, § 4(d), Mar. 3. 1966, 80 Stat. 24; Pub.
L. 90-77, title II, § 201, Aug. 31, 1967, 81 Stat 181; Pub. L. 91-24,
§§ 1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91-262,
§ 1, May 21, 1970, 84 Stat. 256; Pub. L. 91-588, § 9(a), (b), Dec. 24,
1970, 84 Stat. 1584; Pub. L. 91-621, § 6(a) (1), (2), Dec. 31, 1970,

84 Stat. 1864.) (As amended Pub. L. 92-198, § 5(a), Dec. 15, 1971,

85 Stat. 664.)

38 TT.S.C. 521. Veterans or the Mexican border period, World War
I, World War II, the Korean conflict, or the Vietnam era

*******

(g) A veteran meets the service requirements of this section if he
served in the active military, naval, or air service —

(1) for ninety days or more during either the Mexican bor-
der period, World War I, World War II, the Korean conflict,
or the Vietnam era ;

(2) during the Mexican border period. World War I, World
War II, the Korean conflict, or the Vietnam era, and was dis-
charged or released from such service for a service-connected
disability ;

(3) for a period of ninety consecutive days or more and such
period ended during the Mexican border period or World War
I, or besran or ended during World War II. the Korean conflict,
or the Vietnam era; or

(4) for an aggregate of ninety days or more in two or more
separate periods of service during more than one period of war.

(Pub. I,. 8.-.-8.17. Sept, 2. 1958, 72 Stat. 1136; Pub. L. 86-211,
S 3(a), Aug. 29, 1959, 73 Stat 433; Pub. L. 87-101, § 1, July 21, 1961,
75 Stat. 218; Pub. L. 88-664, §§ 3(a). (b), 5, 6(a), 7, Oct 13, 1964,
78 Stat. 1094, 1095; Pub. L. 90-77, title I, § 104, title II
§ 202(n)-(o). Aus. 31, 1967. 81 Stat 179, 182; Pub. L. 90-27s'
§l(a), (b), Mar. 28, 1968, 82 Stat 64, 65; Pub. L. 91-588, 88 1(a)'
(b), 9(c), Dec. 24, 1970, 84 Stat 1580, 1583, 1584.)

[Emphasis supplied.]

313

(As amended Pub. L. 92-198, §§ 1(a), (b), 5(b), Dec. 15, 1971, 85
Stat. 663, 664.)

Title 40 — Public Buildings, Property, and Works

40 U.S.C. 71d. Proposed Federal and District developments and

PROJECTS

(a) Consultations between agencies and Commission ; procedure.

In order to insure the comprehensive planning and orderly develop-
ment of the National Capital, each Federal and District of Colum-
bia agency prior to the preparation of construction plans originated
by such agency for proposed developments and projects or to com-
mitments for the acquisition of land, to be paid for in whole or in
part from Federal or District funds, shall advise and consult with
the Commission in the preparation by the agency of plans and pro-
grams in preliminary and successive stages which affect the plan and
developments of the National Capital : Provided, however, That the
Commission shall determine in advance the type or kinds of plans,
developments, projects improvements, or acquisitions which do not
need to be submitted for review by the Commission as to conformity
with its plans. After receipt of such plans, maps, and data, it shall
be the duty of the Commission to make promptly a preliminary
report and recommendations to the agency or agencies concerned. If,
after having received and considered the report and recommenda-
tions of the Commission the agency does not concur, it shall advise
the Commission with its reasons therefor, and the Commission shall
submit a final report. After such consultation and suitable considera-
tion of the views of the Commission the agency may proceed to take
action in accordance writh its legal responsibilities and authority.

(b) Exceptions to consultation procedure.

The procedure prescribed in subsection (a) of this section shall
not apply to projects within the Capitol grounds or to structures
erected by the Department of Defense during wartime or national
emergency within existing military, naval, or Air Force reservations,
except that the appropriate defense agency shall consult with the
Commission as to any developments which materially affect traffic or
require coordinated planning of the surrounding area.

The provisions of section 16 of the Act approved June 20, 1938
(52 Stat. 802), are extended to include public buildings erected by
any agency of the Government of the District of Columbia within
the boundaries of the central area of the District as said central area
may be defined and from time to time redefined by concurrent action
of the Commission and the District of Columbia Council.

(d) Additional procedure for consultation on developments and
projects within environs.

Within the environs, general plans showing the location, charac-
ter, extent and intensity of use for proposed Federal and District

314

developments and projects involving the acquisition of land, shall be
submitted to the Commission for report and recommendations before
final commitment to said acquisition, unless such matters shall have
been specifically approved by an Act of Congress. Before acting on
any general plan, the Commission shall advise and consult with the
National Capital Regional Planning Council and the appropriate
planning agency having jurisdiction over the affected part of the
environs. When, in the judgment of the Commission, proposed devel-
opments or projects submitted to the Commission under subsection
(a) of this section involve a major change in the character or inten-
sity of an existing use in the environs, the Commission shall likewise
advise and consult with the National Capital Regional Planning
Council and the aforesaid planning agency. The report and recom-
mendations required under this subsection shall be submitted within
sixty days and shall be accompanied by any reports or recommenda-
tions that may have been prepared by the National Capital Regional
Planning Council or the aforesaid planning agency.

It is the intent of the foregoing provisions of this section to
obtain cooperation and correlation of effort between the various
agencies of the Federal and District Governments which are respon-
sible for public developments and projects, including the acquisition
of land. These agencies, therefore, shall look to the Commission and
utilize it as the central planning agency for the Federal and District
Governments in the National Capital region. To aid the Commission
in carrying out this function, plans, data, and records, or copies
thereof, necessary to the Commission shall be furnished upon its
request by such Federal and District governmental agencies; and the
Commission shall likewise furnish related plans, data, and records,
or copies thereof, to Federal and District of Columbia governmental
agencies upon request (June 6, 1924, ch. 270, § 5, as added Julv 19.
1952, ch. 949, § 1, 66 Stat. 787.) ' '

40 U.S.C. 276a-5. Suspension of sections 276a to 276a-5 during

EMERGENCY

In the event of a national emergency the President is authorised
to suspend the Provisions of sections 276a to 276a-5 of this title.
(Mar 3, 1931, ch. 411, § 0, as added Aug. 30, 1935, ch. 825, 49 Stot.

40 U.S.C. 278b. Same; exception op certain vital leases

DURING WAR OR EMERGENCY

The provisions of section 278a of this title shall not apply during
war or a national emergency declared by Congress or by the Presi-
dent to such leases or renewals of existing leases of privately or pub-
licly owned property as arc certified by the Secretary of the Army
or the Secretary of the Navy, or by such person or persons as he

[Emphasis supplied.]

315

may designate, as covering premises for military, naval, or civilian
purposes necessary for the prosecution of the war or vital in the
national emergency. (Apr. 28, 1942, ch. 249, 56 Stat. 247.)

— N O T E —

Excerpt from House Reft. 2029, 77th Cong., 2d Sess. (1942)

The Committee on Expenditures in the Executive Depart-
ments, to whom was referred the bill (S. 2212) to suspend
during a national emergency declared by Congress or by the
President the provisions of section 322 of the act of June
30, 1932, as amended, having considered the same, report
favorably thereon with recommendation that it do pass
with amendments.

The purpose of the proposed legislation is to render
inapplicable to leases entered into by the Government for
national defense purposes the present restrictions of section
322 of the act of June 30, 1932, as amended (40 TJ.S.C.
278A), that the annual rental of properties leased may not
exceed 15 percent of the market value of the premises on
that date of the lease, and the further restriction that altera-
tions, improvements, and repairs may not be made in an
amount in excess of 25 percent of the amount of the rent
for the first year of the rental term, or for the entire rental
term if the lease runs for less than 1 year.

Testimony given by witnesses from the War Department
indicates that these restrictions are impracticable in connec-
tion with leases of premises for the establishment of infor-
mation and filter centers as part of aircraft warning service
installations, and also in many other types of national
defense leases, as, for example, the leasing of properties for
use as offices and warehouses, for storage or manufacturing
purposes. Navy Department expressed concurrence in these
observations.

The committee concurs in the view that all leases which
are to be exempted from the provisions of section 322 of the
act of June 30, 1932, as amended, should be certified by the
Secretary of War or the Secretary of the Navy, or their
authorized representatives, as covering premises for mili-
tary, naval, or civilian purposes necessary for the prosecu-
tion of the war or vital in the national emergency. The bill,
as introduced, was amended by the Senate by insertion of
appropriate language to this effect. This language will
require executive departments or establishments other than
the War and Navy Departments to obtain a certificate from
an authorized representative of the Secretary of War or the
Secretary of the Navy to the effect that the lease in question
is necessary for the prosecution of the war or vital in the
national emergency. If no such certificate is obtained the

[Emphasis supplied.]

316

existing restrictions which, in the judgment of the commit-
tee, are desirable where prosecution of the war effort is not
involved, will be applicable.

40 U.S.C. 314. Sale or war supplies, lands, and buildings

The President is authorized, through the head of any executive
department, to sell, upon such terms as the head of such department
shall deem expedient, to any person, partnership, association, corpo-
ration, or any other department of the Government, or to any foreign
State or Government, engaged in war against any Government with
which the United States is at war, any war supplies, material and
equipment, and any by-products thereof, and any building, plant or
factory, acquired since April sixth, nineteen hundred and seventeen,
including the lands upon which the plant or factory may be situ-
ated, for the production of such was supplies, materials, and equip-
ment which, during the emergency existing July 9, 1918, may have
been purchased, acquired, or manufacured by the United States:
Provided further, That sales of guns and ammunition made under
the authority contained in this section or any other Act shall be lim-
ited to sales to other departments of the Government and to foreign
States or Governments engaged in war against any Government
with which the United States is at war, and to members of the
National Rifle Association and of other recognized associations orga-
nized in the United States for the encouragement of small-arms
target practice. (July 9, 1918, ch. 143, 40 Stat. 850; Feb. 25, 1919, ch.
39, § 3, 40 Stat. 1173; May 29, 1928, ch. 901, 45 Stat. 986; Aug. 7,
1946, ch. 770, § 1 (55), 60 Stat. 870.) 6

40 U.S.C. 484. Disposal of surplus property

(a) Supervision and direction.

Except as otherwise provided in this section, the Administrator
shall have supervision and direction over the disposition of surplus
property. Such property shall be disposed of to such extent, at such
time, in such areas, by sucli agencies, at such terms and conditions,
and in such manner, as may be prescribed in or pursuant to this Act

(b) Care and handling.

The care and handling of surplus property, pending its disposition,
and the disposal of surplus property, may be performed by the Gen-
eral Services Administration or, when so determined bv the Admin-
istrator, by the executive agency in possession thereof or by anv
other executive agency consenting thereto.

Any executive agency designated or authorized by the Adminis-
rator to dispose of surplus property may do so by sale, exchange
least-, permit, or transfer, for cash, credit, or other property, with or
without warranty, and upon such other terms and conditions as the
[Emphasis supplied.]

317

Administrator deems proper, and it may execute such documents for
the transfer of title or other interest in property and take such other
action as it deems necessary or proper to dispose of such property
under the provisions of this subchapter.

(d) Validity of deed, bill of sale, lease, etc.

A deed, bill of sale, lease, or other instrument executed by or on
behalf of any executive agency purporting to transfer title or any
other interest in surplus property under this subchapter shall be
conclusive evidence of compliance with the provisions of this sub-
chapter insofar as concerns title or other interest of any bona fide
grantee or transferee for value and without notice of lack of such
compliance.

(e) Bids for disposal; advertising; procedure; disposal by nego-
tiation; explanatory statement.

(1) All disposals or contracts for disposal of surplus property
(other than by abandonment, destruction, donation, or through con-
tract brokers) made or authorized by the Administrator shall be
made after publicly advertising for bids, under regulations pre-
scribed by the Administrator, except as provided in paragraphs (3)
and (5) of this subsection.

(2) Whenever public advertising for bids is required under para-
graph (1) of this subsection —

(A) the advertisement for bids shall be made at such time
previous to the disposal or contract, through such methods, and
on such terms and conditions as shall permit that full and free
competition which is consistent with the value and nature of the
property involved;

(B) all bids shall be publicly disclosed at the time and place
stated in the advertisement ;

(C) award shall be made with reasonable promptness by
notice to the responsible bidder whose bid, conforming to the
invitation for bids, will be most advantageous to the Govern-
ment, price and other factors considered: Provided. That all
bids may be rejected when it is in the public interest to do so.

(3) Disposals and contracts for disposal may be negotiated, under
regulations prescribed by the Administrator, without regard to para-
graphs (1) and (2) of this subsection but subject to obtaining such
competition as is feasible under the circumstances, if

(A) necessary in the public interest during the period of a
national emergency declared by the President or the Congress,
with respect to a particular lot or lots of personal property or,
for a period not exceeding three months, with respect to a spe-
cifically described category or categories of personal property as
determined by the Administrator;

(B) the public health, safety, or national security will thereby
be promoted by a particular disposal of personal property ;

(D) the personal property involved is of a nature and quan-
tity which, if disposed of under paragraphs (1) and (2) of this
subsection, would cause such an impact on an industry or indus-

[Emphasis supplied.]

318

tries as adversely to affect the national economy, and the esti-
mated fair market value of such property and other satisfactory
terms of disposal can be obtained by negotiation ;

(E) the estimated fair market value of the property involved
does not exceed $1,000 ;

(F) bid prices after advertising therefor are not reasonable
(either as to all or some part of the property) or have not been
independently arrived at in open competition ;

(G) with respect to real property only, the character or con-
dition of the property or unusual circumstances make it
impractical to advertise publicly for competitive bids and the
fair market value of the property and other satisfactory terms
of disposal can be obtained by negotiation ;

(H) the disposal will be to States, Territories, possessions,
political subdivisions thereof, or tax-supported agencies therein,
and the estimated fair market value of the property and other
satisfactory terms of disposal are obtained by negotiation ; or

(I) otherwise authorized by this Act.

* * * * * * *

—NOTE—

Excerpt from Senate Rett. 1284, 81st Cong., 1st Sess. (1949)

Subparagraph (A) of paragraph (3), like its counterpart
in title III, will facilitate Government operations during a
national emergency. Use of this authority is restricted to
particular lots of property and, for short periods of time, to
categories or general classes of property, and its objective is
to avoid undue delay and publicity and to expedite the
transfer of particular property to a particular contractor
for defense purposes. Declaration of a national emergency
without other pertinent circumstances would not constitute
a justification for use of this authority.

— N O T E —

Excerpt from House Rept. 1763, 81st Cong., 1st Sess. (1949)

This committee amendment, therefore, keeps intact the
present procedure regarding explanatory statements, which
has proved very satisfactory. The fact that property may
need to be disposed of by negotiation in emergency situa-
tions does not reduce the interest of Congress in such dis-
posals. The disposal agency might in a particular emer-
gency situation obtain the informal concurrence of the
committees to eliminate delay in a disposal, but the submis-
sion of an explanatory statement of the circumstances to the
committee would nevertheless be required. The Administra-
tor of General Services was agreeable to this amendment.
[Emphasis supplied.]

319

40 U.S.C. 534. Waiver of procedures for disposal of urban lands,

ACQUISITION OR CHANGE OF USE OF REAL PROPERTY

The procedures prescribed in sections 532 and 533 of this title may
be waived during any period of national emergency proclaimed by
the President. (June 30, 1949, ch. 288, title VIII, § 805, as added
Oct. 16, 1968, Pub. L. 90-577, title V, § 501, 82 Stat. 1105.)

Title 41. — Public Contracts

41 TJ.S.C. 11. No CONTRACTS or purchases unless authorized or

UNDER ADEQUATE APPROPRIATION ; REPORT TO THE CONGRESS

(a) No contract or purchase on behalf of the United States shall
be made, unless the same is authorized by law or is under an appro-
priation adequate to its fulfillment, except in the Departments of the
Army, Navy, and Air Force, for clothing, subsistence, forage, fuel,
quarters, transportation, or medical and hospital supplies, which,
however, shall not exceed the necessities of the current year.

(b) The Secretary of Defense shall immediately advise the Con-
gress of the exercise of the authority granted in subsection (a) of this
section, and shall report quarterly on the estimated obligations in-
curred pursuant to the authority granted in subsection (a) of this sec-
tion. (R.S. § 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Oct. 15, 1966,
Pub. L. 89-687, title VI, § 612 (e) , 80 Stat. 993.)

DERIVATION

Act Mar. 2, 1861, ch. 84, § 10, 12 Stat. 320.

CODIFICATION

The Department of the Air Force was inserted under the authority
of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat.
501, and Secretary of Defense Transfer Orders No. 6, eft. Jan. 15,
1948; No. 12 [§ 1 (13)], May 14, 1948; No. 39, May 18, 1949, and No.
40 [App. B(115)], July 22, 1949. The Department of War was desig-
nated the Department of the Army and the title of the Secretary of
War was changed to Secretary of the Army by section 205 (a) of such
act July 26, 1947. Sections 205 (a) and 207 (a), (f) of act July 26,
1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A
Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed
Forces", which in sections 3011-3013 and 8011-8013 continued the
military Departments of the Army and Air Force under the adminis-
trative supervision of a Secretary of the Army and a Secretary of the
Air Force, respectively.

[Emphasis supplied.]

320

AMENDMENTS

1966 — Pub. L. 89-687 designated existing provisions as subsec. (a)
and added subsec.(b).

1906— Act June 12, 1906, inserted "medical and hospital supplies."

CROSS REFERENCES

Contracts for Indian supplies in advance of appropriations, see sec-
tion 99 of Title 25, Indians.

Expenditure by any department in excess of appropriations pro-
hibited, see section 665 of Title 31, Money and Finance.

Printing appropriations not to be exceeded, see section 1102 of Title
44, Public Printing and Documents.

Projects under Mexican treaties, authority to enter into contracts be-
yond amount appropriated, notwithstanding this section, see section
277d-1 of Title 22, Foreign Relations and Intercourse.

Public lands, fire protection: contract authority of Secretary of In-
terior for use of aircraft, and for supplies and services, in advance of
appropriation; accrual of obligation; contingent obligation, see sec-
tion 1302a of Title 43, Public Lands.

SECTION BEFEREED TO IN OTHER SECTIONS

This section is referred to in Title 22, section 277d-3 ; Title 50 App., section
2094.

— NOTE—

The "Feed and Forage" Act of 1861

In 1972, the then Defense Secretary, Melvin Laird, said that this
statute could be used to assure the expenditure of funds in South-
east Asia, for use by U.S. forces, despite congressional prohibitions.
When questioned by Senator William Proxmire during hearings on
the foreign assistance appropriation act for fiscal 1973, Secretary
Laird replied:

If there is not any action by the Senate at all on even a
continuing resolution, then the only legislation which would
permit us to operate would be the deficiency authorization
legislation — which was passed at the time of the Civil War —
which gives to the Department of Defense and to the Com-
mander in Chief, the President of the United States, the au-
thority to obligate on a deficiency basis for the subsistence of
our military personnel and for other requirements needed to
support those military people.

Enacted in 1861 at the time of the Civil War, it is known as the
"feed and forage" law. The provisions of the law provide that pur-
chases by the military can be made "for clothing, subsistence, forage
fuel, quarters, transportation or medical and hospital supplies" with-
out the approval of Congress that is customarily required.

Former Secretary of Defense Melvin Laird asserted that the statute
would permit the President to ignore Congress' prohibition of funds
for the war in Indochina; and to continue spending, on a deficiency

321

basis, for the continued use of U.S. forces. Secretary Laird went on
to assert that only additional positive action by Congress — in this
case, the repeal of this specific deficiency authorization — would be re-
quired to halt expenditures for the involvement of U.S. forces in hos-
tilities in Asia.

A study of the legislative history of this act affirms that use of the
"feed and forage" authority as legal justification — for continuing the
use of U.S. forces against the will of Congress — was unwarranted. In
fact, as the legislative history of the law demonstrates, the "feed and
forage" provision was part of a long congressional campaign to tighten
congressional control over unauthorized executive branch expendi-
tures. However, in 1861, one exception to strict controls over contract-
ing authority was allowed to the War Department for this particular
class of military supplies. The reason for this exception involved cer-
tain administrative shortcomings which, during the Civil War period,
made legislative approval for item-by-item military purchases imprac-
tical, untimely or even impossible.

To illustrate : Congress, during this period, met in "short" sessions
with lengthy periods of adjournment during which unforeseen and
necessary appropriations could not be authorized. And, even when the
Congress was in session, normal delays in the legislative process itself
occasionally hampered the War Department in procuring necessary
supplies. With troops posted throughout the West— many days ride
from Washington — it was evident that delays resulting from con-
gressional delays could have resulted in the collapse of security on the
frontier. In order to protect American troops from supply shortages
caused by unavoidable delays, Congress extended to the President
discretionary "feed and forage" authority. It was clearly intended as
a stop-gap funding device.

Subsequently, Congress has enacted a host of stop-gap funding de-
vices to deal with similar military purchasing problems. An example
is the use of continuing resolutions which now cover Defense Depart-
ment appropriations in the event a military appropriation bill is de-
layed. Moreover, Congress is no longer a "part-time" legislative body,
and the "short session" has disappeared. The Congress is, for all prac-
tical purposes, always available to grant necessary military funding
authority. Also, there exists a transfer authority which allows the
Defense Department $600 million to supplement its programs as
needed — unless specifically prohibited.

It is quite evident that the original conditions giving rise to the
"feed and forage" authority have long since disappeared. But 41
U.S.C. 11 with its broad statutory language remains. Its recent his-
tory is somewhat similar to that of section 5 (b) of Trading with the
Enemy Act in which the original intention of the legislation has been
twisted to justify purposes other than those for which they were
enacted.

41 U.S.C. 15. Transfers or contracts; assignment of claims; set-
off AGAINST ASSIGNEE

No contract or order, or any interest therein, shall be transferred
by the party to whom such contract or order is given to anv other
party, and any such transfer shall cause the annulment of the con-

322

tract or order transferred, so far as the United States are corned.
All rights of action, however, for any breach of such contract by the
contracting parties, are reserved to the United States. .

The provisions of the preceding paragraph shall not apply m any
case in which the moneys due or to become due from the United
States or from any agency or department thereof, under a contract
providing for payments aggregating $1,000 or more, are assigned to
a bank, trust company, or other financing institution, including any
Federal lending agency: Provided, 1. That in the case of any con-
tract entered intS prior to October 9, 1940 no claim shall be
assigned without the consent of the head of the department or
agency concerned; 2. That in the case of any contract entered into
after 'October 9, 1940, no claim shall be assigned if it arises under a
contract which forbids such assignment; 3. That unless otherwise
expressly permitted bv such contract any such assignment shall
cover all amounts payable under such contract and not already paid,
shall not be made to more than one party, and shall not be subject to
further assignment, except that any such assignment may be made to
one party as agent or trustee for two or more parties participating
in such financing; 4. That in the event of any such assignment, the
assignee thereof shall file written notice of the assignment together
with a true copy of the instrument of assignment with (a) the con-
tracting officer 'or the head of his department or agency; (b) the
surety or sureties upon the bond or bonds, if any, in connection with
such 'contract ; and (c) the disbursing officer, if any, designated in
such contract to make payment.

Notwithstanding any law to the contrary governing the validity
of assignments, any assignment pursuant to this section, shall consti-
tute a valid assignment for all purposes.

[Emphasis supplied.]

323

moneys due or to become due under such contract, whether during or
after such war or emergency, shall not be subject to reduction or
set-off for any liability of any nature of the assignor to the United
States or any department or agency thereof which arises independ-
ently of such contract, or hereafter for any liability of the assignor
on account of (1) renegotiation under any renegotiation statute or
under any statutory renegotiation article in the contract, (2) fines,
(3) penalties (which term does not include amounts which may be
collected or withheld from the assignor in accordance with or for
failure to comply with the terms of the contract), or (4) taxes,
social security contributions, or the withholding or nonwithholding
of taxes or social security contributions, whether arising from or
independently of such contract.

Except as herein otherwise provided, nothing in this section, shall
be deemed to affect or impair rights or obligations heretofore
accrued. (R. S. § 3737; Oct. 9, 1940, ch. 779, § 1, 54 Stat. 1029; May
15, 1951, ch. 75, 65 Stat. 41.)

— N 0 T E —

Excerpt from Senate Kept. 217, 82d Cong., 1st Sess. (1951)

The Committee on Banking and Currency, to whom was
referred the bill (S. 998) to facilitate the financing of
defense contracts by banks and other financing institutions,
to amend the Assignment of Claims Act of 1940, and for
other purposes, having considered the same, report favora-
bly thereon with amendments and recommend that the bill,
as amended, do pass.

Enactment of S. 998, with committee amendments, would
make it clear that a bank or other financing institution
taking an assignment of claims pursuant to the act would
not be subject to later recovery by the Government of
amounts previously paid to the bank as assignee, except, of
course, that it would not prevent the Government from
obtaining restitution of amounts which may have been paid
as the result of fraud.

Secondly, the amendment would continue the provision of
the present law that, if an assigned contract contains a "no
set-off" clause, payments made by the Government to the
assignee bank will not be subject to reduction or set-off
because of any claims of the Government against the con-
tractor which arise independently of the contract, but it
would also be made clear that the assignee would be pro-
tected against set-off on account of claims of the Govern-
ment against the contractor arising from renegotiation,
fines, and penalties — claims which are ordinarily regarded
as arising outside of the assigned contract. In any event,
however, where the Government has claims against the con-
tractor, the Government would be allowed to withhold, out
of payments due to an assignee bank, any amounts in excess

324

of the bank's interest in loans secured by such assignments.

Finally, the authority for including the no .set-ott
clause in Government contracts, which is now restricted to
the Departments of the Army, Navy, and Air Force, would
be extended to contracts entered into by the General berv-
ices Administration, the Atomic Energy Commission, and
such other agencies of the Government as the President
may designate. However, authority for the inclusion of the
clause would not be mandatory — it would be permissive in
all cases at the discretion of the Government agencies con-
cerned.

41 U.S.C. 252. Purchases and contracts fob property

(a) Applicability of chapter; delegation of authority.

Executive agencies shall make purchases and contracts for prop-
erty and services in accordance with the provisions of this chapter
and implementing regulations of the Administrator; but this chap-
ter does not apply —

(1) to the Department of Defense, the Coast Guard, and the
Xational Aeronautics and Space Administration ; or

(2) when this chapter is made inapplicable pursuant to sec-
tion 474 of Title 40 or any other law, but when this chapter is
made inapplicable by any such provision of law, sections 5 and
S of this title shall be applicable in the absence of authority
conferred by statute to procure without advertising or without
regard to said section 5 of this title.

(b) Small business concerns; share of business; advance publicity
on negotiated purchases and contracts for property.

It is the declared policy of the Congress that a fair proportion of
the total purchases and contracts for property and services for the
Government shall be placed with small business concerns. Whenever
it is proposed to make a contract or purchase in excess of $10,000 by
negotiation and without advertising, pursuant to the authority of
paragraph (7) or (8) of subsection (c) of this section, suitable
advance publicity, as determined by the agency head with due
regard to the type of property involved and other relevant consider-
ations, shall be given for a period of at least fifteen days, wherever
practicable, as determined by the agency head.

(c) Negotiated purchases and contracts for property; conditions.
All purchases and contracts for property and services shall be

made by advertising, as provided in section 253 of this title, except
that such purchases and contracts may be negotiated by the agency
head without advertising if —

(1) determined to be necessary in the public interest during
the period of a national emergency declared by the President or
by the Congress;

(2) the public exigency will not admit of the delay incident
to advertising;

(3) the aggregate amount involved does not exceed $2,500;

(4) for personal or professional services ;

[Emphasis supplied.]

325

(5) for any service to be rendered by any university, college,
or other educational institution;

(6) the property or services are to be procured and used out-
side the limits of the United States and its possessions ;

(7) for medicines or medical property ;

(8) for property purchased for authorized resale;

( 9 ) for perishable or nonperishable subsistence supplies ;

(10) for property or services for which it is impracticable to
secure competition;

(11) the agency head determines that the purchase or con-
tract is for experimental, developmental or research work, or for
the manufacture or furnishing of property for experimentation,
development, research, or test;

(12) for property or services as to which the agency head
determines that the character, ingredients, or components
thereof are such that the purchase or contract should not be
publicly disclosed;

(13) for equipment which the agency head determines to be
technical equipment, and as to which he determines that the
procurement thereof without advertising is necessary in special
situations or in particular localities in order to assure standardi-
zation of equipment and interchangeability of parts and that
such standardization and interchangeability is necessary in the
public interest;

(14) for property or services as to which the agency head
determines that bid prices after advertising therefor are not rea-
sonable (either as to all or as to some part of the requirements)
or have not been independently arrived at in open competition :
Provided, That no negotiated purchase or contract may be
entered into under this paragraph after the rejection of all or
some of the bids received unless (A) notification of the inten-
tion to negotiate and reasonable opportunity to negotiate shall
have been given by the agency head to each responsible bidder
and (B) the negotiated price is the lowest negotiated price
offered by any responsible supplier ; or

(15) otherwise authorized by law, except that section 254 of
this title shall apply to purchases and contracts made without
advertising under this paragraph.

(d) Bids in violation of antitrust laws.

If in the opinion of the agency head bids received after advertis-
ing evidence any violation of the antitrust laws he shall refer such
bids to the Attorney General for appropriate action.

(e) Exceptions to section.

This section shall not be construed to (A) authorize the erection,
repair, or furnishing of any public building or public improvement,
but such authorization shall be required in the same manner as here-
tofore, or (B) permit any contract for the construction or repair of
buildings, roads, sidewalks, sewers, mains, or similar items to be
negotiated without advertising as required by section 253 of this
title, unless such contract is to be performed outside the continental
United States or unless negotiation of such contract is authorized by

326

the provisions of paragraphs (1)— (3), (10)— (12), or (14) of
subsection (c) of this section.

( f ) Carriage of cargo ; specification of container size.

No contract for the carriage of Government property in other
than Government-owned cargo containers shall require carriage of
such property in cargo containers of any stated length, height, or
width. (June 30, 1949, ch. 288, title II, § 302, 63 Stat. 393; July 12,
1952, ch. 703, § 1 (m), 66 Stat. 594; Aug. 28, 1958, Pub. L. 85-800,
§§ 1-3, 72 Stat. 966; Nov. 8, 1965, Pub. L. 89-343, §§ 1, 2, 79 Stat.
1303; Nov. 8, 1965, Pub. L. 89-348, § 1(2), 79 Stat. 1310; Mar. 16,
1968, Pub. L. 90-268, § 4, 82 Stat. 50.)

— NOTE—

ExCEitr-T from House Reft. 670, 81st Cong., 1st Sess. (1949)

TITLE III. PROCUREMENT PROCEDURE

This title follows in structure, and is identical in lan-
guage with, the Armed Services Procurement Act, with a
few appropriate changes and omissions.

Section 301. Declaration of purpose

This section states that the purpose of title III is to facil-
itate the procurement of supplies and services.

Section 302. Application and procurement methods
*******

(e) Initially, this subsection reaffirms the basic principle
that purchases and contracts shall be made by advertising.
Negotiation is made permissible in certain excepted cases,
however, to provide flexibility in Government procurement.

(1) This paragraph would permit automatic and immedi-
ate transition from more rigid peacetime advertising proce-
dures to a completely flexible system if the President or the
Congress declares the existence of a national emergency.

Title 42 — The Public Health and Welfare

42 IT.S.C. 204. Composition of commissioned corps ; appointment of
commissioned officers of Regular and Reserve Corps

There shall be in the Service a commissioned Regular Corps and,
for the purpose of securing a reserve for dutv in the Service in time
of national emergency, a Reserve Corps. All commissioned officers
shall be citizens and shall be appointed without regard to the civil-
service laws and compensated without regard to chapter 51 and sub-

[Emphasis supplied.]

327

chapter III of chapter 53 of Title 5. Commissioned officers of the
Reserve Corps shall be appointed by the President and commis-
sioned officers of the Regular Corps shall be appointed by him by
and with the advice and consent of the Senate. Commissioned officers
of the Reserve Corps shall at all times be subject to call to active
duty by the Surgeon General, including active duty for the purpose
of training and active duty for the purpose of determining their
fitness for appointment in the Regular Corps. (July 1, 1944, ch. 373,
title II, § 203, 58 Stat. 683; Feb. 28, 1948, ch. 83, § 2, 62 Stat. 39;
Oct. 28, 1949, ch. 782, title XI, § 1106 (a) , 63 Stat. 972.)

42 U.S.C. 210-1. Annual and Sick Leave

(a) In accordance with regulations of the President, commis-
sioned officers of the Regular Corps and officers of the Reserve
Corps on active duty may be granted annual leave and sick leave
without any deductions from their pay and allowances: Provided,
That such regulations shall not authorize annual leave to be accumu-
lated in excess of sixty days.

(b) Repealed. Pub. L. 87-649, § 14b, Sept. 7, 1962, 76 Stat. 499.

(c) Except in cases of emergency, no annual leave shall be
granted to an officer described in subsection (a) of this section
between the date upon which such officer applies for, or the Service
directs, his retirement, separation, or release from active duty,
whichever date is the earlier, and the effective date of such retire-
ment, separation or release from active duty.

(d) For purposes of this section the term "accumulated annual
leave" means unused accrued annual leave carried forward from one
leave year into a succeeding leave year, and the term "accrued
annual leave" means the annual leave accruing to an officer during
one leave year. (July 1, 1944, ch. 373, title II, § 219, as added Aug.
9, 1950, ch. 654, § 2, 64 Stat. 426, and amended Sept. 7, 1962, Pub. L.
87-649, § 14b, 76 Stat. 499.)

42 U.S.C. 211. Promotion of commissioned officers

(a) Permanent or temporary promotions ; examination.
Promotions of officers of the Regular Corps to any grade up to

and including the director grade shall be either permanent promo-
tions based on length of service, other permanent promotions to fill
vacancies, or temporary promotions. Permanent promotions shall be
made by the President, by and with the advice and consent of the
Senate, and temporary promotions shall be made by the President.
Each permanent promotion shall be to the next higher grade, and
shall be made only after examination given in accordance with regu-
lations of the President.

(b) Promotion to certain grades only to fill vacancies; regula-
tions; definition of "restricted grade".

[Emphasis supplied.]

328

The President may by regulation provide that in a specified pro-
fessional category permanent promotions to the senior grade, or to
both the full grade and the senior grade, shall be made only if there
are vacancies in such grade. A grade in any category with respect to
which such regulations have been issued is referred to in this section
as a "restricted grade."

Examinations to determine qualification for permanent promotions
may be either noncompetitive or competitive, as the Surgeon General
shall in each case determine; except that examinations for promo-
tions to the assistant or senior assistant grade shall in all cases be
noncompetitive. The officers to be examined shall be selected by the
Surgeon General from the professional category, and in the order of
seniority in the grade, from which promotion is to be recommended.
In the case of a competitive examination the Surgeon General shall
determine in advance of the examination the number (which may be
one or more) of officers who, after passing the examination, will be
recommended to the President for promotion; but if the examina-
tion is one for promotions based on length of service, or is one for
promotions to fill vacancies other than vacancies in the director
grade or in a restricted grade, such number shall not be less than 80
per centum of the number of officers to be examined.

(d) Permanent promotions of qualified officers on length of service.
Officers of the Regular Corps, found pursuant to subsection (c) of

this section to be qualified, shall be given permanent promotions
based on length of service, as follows :

(1) Officers in the junior assistant grade shall be promoted at
such times as may be prescribed in regulations of the President.

(2) Officers with permanent rank in the assistant grade, the
senior assistant grade, and the full grade shall (except as pro-
vided in regulations under subsection (b) of this section) be
promoted after completion of three, ten, and seventeen years,
respectively, of service in grades above the junior assistant
grade; and such promotions, when made, shall be effective, for
purposes of pay and seniority in grade, as of the dav following
the completion of such years of service. An officer with perma-
nent rank m the assistant, senior assistant, or full grade who
has not completed such years of service shall be promoted at the
same time, and his promotion shall be effective as of the same
day as any officer junior to him in the same grade in the same
professional category who is promoted under this paragraph.

(e) Promotion of professional category officers to fill certain

vacancies.

Officers m a professional category of the Regular Corps, found
pursuant to subsection c) of this section to bl qualified, may be
given permanent promotions to fill any or all vacancies in such cate
nr7>/V f m°r *ssls'ant grade, the full grade, the senior grade,
or the director grade; but no officer who has not had one year of
shall Z n P™Cnt or temporary rank in the next lowe? grade
shall be promoted to any restricted grade or to the director grade

promoUonXamln UP°n °f Prom°ti™; effective date of

329

If an officer who has completed the years of service required for
promotion to a grade under paragraph (2) of subsection (d) of this
section fails to receive such promotion, he shall (unless he has
already been twice examined for promotion to such grade) be once
reexamined for promotion to such grade. If he is thereupon pro-
moted (otherwise than under subsection (e) of this section), the
effective date of such promotion shall be one year later than it
would have been but for such failure. Upon the effective date of any
permanent promotion of such officer to such grade, he shall be con-
sidered as having had only the length of service required for such
promotion which he previously failed to receive.

(g) Separation from service upon failure of promotion.

If, for reasons other than physical disability, an officer of the
Regular Corps in the junior assistant grade is found pursuant to
subsection (c) of this section not to be qualified for promotion he
shall be separated from the Service. If, for reasons other than physi-
cal disability, an officer of the Regular Corps in the assistant, senior
assistant, or full grade, after having been twice examined for pro-
motion (other than promotion to a restricted grade), fails to be pro-
moted—

(1) if in the assistant grade he shall be separated from the
Service and paid six months' basic pay and allowances ;

(2) if in the senior assistant grade he shall be separated from
the Service and paid one year's basic pay and allowances ;

(!)) if in the full grade he shall be considered as not in line
for promotion and shall, at such time thereafter as the Surgeon
General may determine, be retired from the Service with retired
pay (unless he is entitled to a greater amount by reason of
another provision of law) at the rate of 2y2 per centum of the
basic pay of the permanent grade held by him at the time of
retirement for each year, not in excess of thirty, of his active
commissioned service in the Service.

(h) Separation from service upon refusal to stand examination.

If an officer of the Regular Corps, eligible to take an examination
for promotion, refuses to take such examination, he may be sepa-
rated from the Service in accordance with regulations of the President.

(i) Review of record: separation from service.

At the end of his first three years of service, the record of each
officer of the Regular Corps originally appointed to the senior assist-
ant grade or above, shall be reviewed in accordance with regulations
of the President and, if found not qualified for further service, he
shall be separated from the Service and paid six months' pay and
allowances.

( j ) Determination of order of seniority.

(1) The order of seniority of officers in a grade in the Regular
Corps shall be determined, subject to the provisions of paragraph
(2) of this subsection, by the relative length of time spent in active
service after the effective date of each such officer's original appoint-
ment or permanent promotion to that grade. When permanent pro-
motions of two or more officers to the same grade are effective on the
same day, their relative seniority shall be the same as it was in the
grade from which promoted. In all other cases of original appoint-

330

ments or permanent promotions (or both) to the same grade effec-
tive on the same day, relative seniority shall be determined in
accordance with regulations of the President.

(2) In the case of an officer originally appointed in the Regular
Corps to the grade of assistant or above, his seniority in the grade
to which appointed shall be determined after inclusion, as service in
such grade, of any active service in such grade or in any higher
grade in the Reserve Corps, but (if the appointment is to me grade
of senior assistant or above) only to the extent of whichever of the
following is greater: (A) His active service in such grade or any
higher grade in the Reserve Corps after the first day on which,
under regulations in effect on the date of his appointment to the
Regular Corps, he had the training and experience necessary for
such appointment, or (B) the excess of his total active service in the
Reserve Corps (above the grade of junior assistant) over three years
if his appointment in the Regular Corps is to the senior assistant
grade, over ten years if the appointment is to the full grade, or over
seventeen years if the appointment is to the senior grade.

(k) Temporary promotions; fill vacancy in higher grade; war or
national emergency; selection of officers; termination of appointment.

Any commissioned officer of the Regular Corps in any grade in
any professional category may be recommended to the President for
temporary promotion to fill a vacancy in any higher grade in such
category, up to and including the director grade. In time of war, or
of national emergency proclaimed by the President, any commis-
sioned officer of the Regular Corps in anv grade in any professional
category may be recommended to the President for promotion to
any higher grade in such category, up to and including the director
grade, whether or not a vacancy exists in such grade. The selection
of officers to be recommended for temporary promotions shall be
made m accordance with regulations of the President. Promotion of
an officer recommended pursuant to this subsection may be made
without regard to length of service, without examination, and with-
out vacating his permanent appointment, and shall carry with it the
pay and allowances of the grade to which promoted. Such promo-
PresldS termmated at any time> as may be directed ty the

(1) Determination of requirements of Service by Secretary;

°f Ee?6ITe OBS^B to Prof<*si<mal categories ; temporary
promotions; termination of temporary promotions

dnh ^nl?rt^he nm^T ?f 2=fficers of the on active

duty, plus the number of officers of the Resirve Corps who have

rSment.^f S^ry shall determine the

requirements of the Service in each grade in each cateeorv based
upon the total number of officers so slrving on active du^ ^andthe
SSf Performed °y <*• Service; and the SifrgeS General

dutv *her„euP°n a^gn each officer of the Reserve Corpora l active
duty to a professional category. If the Secretarv finds that the

°ffiCerS U?d^ ^section (°) of to sSn f £ *ty
grade and category (or the number of officers, including offiW^f

[Emphasis supplied.]

331

the Reserve Corps, on active duty in such grade in such category, if
such number is greater than the number fixed under subsection (c)
of this section) is insufficient to meet such requirements of the Serv-
ice, officers of either the Regular Corps or the Reserve Corps may be
recommended for temporary promotion to such grade in such cate-
gory. Any such promotion may be terminated at any time, as may be
directed by the President.

(m) Acceptance of promotion; oath and affidavit.

Any officer of the Regular Corps, or any officer of the Reserve
Corps on active duty, who is promoted to a higher grade shall,
unless he expressly declines such promotion, be deemed for all pur-
poses to have accepted such promotion ; and shall not be required to
renew his oath of office, or to execute a new affidavit as required by
section 21a of Title 5. (July 1, 1944, ch. 373, title II, § 210, 58 Stat.
687; Feb. 28, 1948, ch. 83, § 6 (a), 62 Stat. 42; Oct. 12, 1949, ch. 681,
title V, § 521 (c), 63 Stat. 835; 1953 Reorg. Plan Xo. 1, §§ 5, 8, eft'.
Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631 ; Apr. 27, 1956, ch. 211, § 4
(a), 70 Stat. 117; Apr. 8, 1960, Pub. L. 86-415, § 5 (c), 74 Stat. 34;
Sept. 7, 1962, Pub. L. 87-649, § 11(2), 76 Stat. 497.)

42 U.S.C. 211b. Promotion of commissioned officers

(a) Temporary promotions prior to July 1, 1948.

Except as provided in the third and fourth paragraphs of this
section, no promotion shall be made under section 211 of this title,
prior to July 1, 1948. Until that date officers of the Regular Corps
may receive temporary promotions to higher grades with the pay
and allowances thereof pursuant to section 211 (a) (1) of this title,
in force prior to February 28, 1948, notwithstanding the termina-
tion, prior to such date, of the war and of the national emergencies
proclaimed by the President. Any officer holding, on June 30, 1948,
an appointment pursuant to such section to a higher temporary
grade shall continue in such grade until such appointment is termi-
nated, as the President may direct.

(b) Service credit.

Effective as of February 28, 1948, each officer of the Regular
Corps on such date, in addition to the credit he has under preexist-
ing legislation for purposes of promotion, shall be credited with
three years of service.

Officers of the Regular Corps who have, or who on or before July
1, 1948, will have, the years of service prescribed in paragraph (2)
of section 211 (d) of this title, for promotion to the senior assistant,
full, or senior grade, shall be recommended to the President for such
promotion, to be effective as of July 1, 194S, whether or not vacan-
cies exist in such grade. Such promotions shall be made without
examination, except that no promotions shall be made to the senior
grade or any grade immediately below a restricted grade until the
officer is found qualified for promotion pursuant to subsection (c) of

[Emphasis supplied.]

332

section 211 of this title. No promotion Aall.be made pnad jto
this paragraph to any grade in any PBrf^,a^^.T
grade has bein made a restricted grade pursuant to subsection (b)
of section 211 of this title. For purposes of semority an officer pro-
moted under this paragraph shall be credited with the years of serv-
ice in the grade to which promoted equal to the excess of his years
of service on the date of promotion over the years of service
required for promotion to such grade under paragraph (2) of sec-
tion 211 (d) of this title. i.

Officers in the junior assistant grade in the Regular Corps who
have, or who on or before July 1, 1948, will have four or more years
of service in the junior assistant grade, shall be recommended to the
President for promotion to the assistant grade, to be effective as of
July 1, 1948, without examination and whether or not vacancies
exist in such grade. For purposes of promotion and seniority in
grade, an officer promoted under this paragraph shall be credited
with the years of service equal to the excess of his years of service
on the date of promotion over four years.

(d) Service for purpose of seniority.

For purposes of seniority, any officer of the Regular Corps of the
Public Health Service on February 28, 1948, shall be considered as
having had service in the grade which he holds on such date equal
to the excess of the service credited to him for promotion purposes
over the length of service required under section 211 (d) (2) of this
title, for promotion to such grade.

(e) Term or tenure of office unaffected prior to July 1, 1948.
Except as provided in the third and fourth paragraphs of this

section, the provisions of this section shall not, prior to July 1, 1948,
affect the term or tenure of office (including any office held under
temporary promotion) of any commissioned officer of the Service in
office upon February 28, 1948. (Feb. 28, 1948, ch. 83, § 6 (b— f), 62
Stat. 45.)

42 U.S.C. 217. Use of Service in time of was ok emergency

In time of war, or of emergency proclaimed by the President, he
may utilize the Service to such extent and in such manner as shall in
his judgment promote the public interest. In time of war, or of
emergency involving the national defense proclaimed by the Presi-
dent, he may by Executive order declare the commissioned corps of
the Service to be a military service. Upon such declaration, and
during the period of such war or such emergency or such part
thereof as the President shall prescribe, the commissioned corps (a)
shall constitute a branch of the land and naval forces of the United
States, (b) shall, to the extent prescribed by regulations of the Pres-
ident, be subject to the Uniform Code of Military Justice, and (c)
shall continue to operate as part of the Service except to the extent
that the President may direct as Commander in Chief. (July 1 1944
ch. 373, title II, § 216, 58 Stat. 690; Apr. 27, 1956, ch. 211 § 1 70
Stat. 116.) '

[Emphasis supplied.]

333

42 U.S.C. 266. Spectai, quarantine powers in time of war

To protect the military and naval forces and war workers of the
United States, in tim-e of war, against any communicable disease
specified in Executive orders as provided in subsection (b) of section
264 of this title, the Surgeon General, on recommendation of the
National Advisory Health Council, is authorized to provide by regu-
lations for the apprehension and examination, in time of war, of any
individual reasonably believed (1) to be infected with such disease
in a communicable stage and (2) to be a probable source of infection
to members of the armed forces of the United States or to individu-
als engaged in the production or transportation of arms, munitions,
ships, food, clothing, or other supplies for the armed forces. Such
regulations may provide that if upon examination any such individ-
ual is found to be so infected, he may be detained for such time and
in such manner as may be reasonably necessary. (July 1, 1944, ch.
D73, title III, 363, 58 Stat. 704.)

43 U.S.C. 31.r>q. Withdrawal of lands for war or national defense

PURPOSES ; PAYMENT FOR CANCELLATION OF PERMITS OR LICENSES 1

Whenever me for war or national defense purposes of the public
domain or other property owned by or under the control of the
United States prevents its use for grazing, persons holding grazing
permits or licenses and persons whose grazing permits or licenses
have been or will be canceled because of such use shall be paid out
of the funds appropriated or allocated for such project such
amounts as the head of the department or agency so using the lands
shall determine to be fair and reasonable for the losses suffered by
such persons as a result of the use of such lands for war or national
defense purposes. Such payments shall be deemed payment in full
for such losses. Nothing contained in this section shall be construed
to create anv liability not now existing against the United States.
(July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, 8 1, 62
Stat. 277.)

1 43 U.S.C. 315q. This should have been located under Title 43 starting on page 348.

42 U.S.C. 1313. Assistance for United States citizens returned

FROM FOREIGN COUNTRIES

(a) Authorization; reimbursement; utilization of facilities of
public or private agencies and organizations.

(1) The Secretary is authorized to provide temporary assistance
to citizens of the United States and to dependents of citizens of the
United States, if they (A) are identified by the Department of State
as having returned, or been brought, from a foreign country to the
United States because of the destitution of the citizen of the United
States or the illness of such citizen or any of his dependents or
because of war, threat of war, invasion, or similar crisis, and (B)
are without available resources.

[Emphasis supplied.]

334

(2) Except in such cases or classes of cases as are set forth in reg-
ulations of the Secretary, provision shall be made for reimbursement
to the United States by the recipients of the temporary assistance to
cover the cost thereof.

(3) The Secretary may provide assistance under paragraph (1)
directly or through utilization of the services and facilities of
appropriate public or private agencies and organizations, in accord-
ance with agreements providing for payment, in advance or by way
of reimbursement, as may be determined by the Secretary, of the
cost thereof. Such cost shall be determined by such statistical, sam-
pling, or other method as may be provided in the agreement.

(b) Plans and arrangements for assistance; consultations.

The Secretary is authorized to develop plans and make arrange-
ments for provision of temporary assistance within the United
States to individuals specified in subsection (a)(1) of this section.
Such plans shall be developed and such arrangements shall be mode
after consultation with the Secretary of State, the Attorney General,
and the Secretary of Defense. To the extent feasible, assistance pro-
vided under subsection (a) of this section shall be provided in
accordance with the plans developed pursuant to this subsection, as
modified from time to time by the Secretary.

For purposes of this section, the term "temporary assistance*'
means money payments, medical care, temporary billeting, transpor-
tation, and other goods and services necessary for the health or wel-
fare of individuals (including guidance, counseling, and other wel-
fare services) furnished to them within the United States upon their
arrival in the United States and for such period after their arrival
as may be provided in regulations of the Secretary.

(d) Termination date.

t No ™mpoIary assistal>ce may be provided under this section after
June 30, 1971. (Aug. 14, 1935, ch. 531. title XI, § 1113, as added
June 30 1961, Pub. L. 87-64. title III, § 302, 75 Stat'. 142 and
amended July 25, 1962, Pub. L. 87-543, title I 133, 76 Stat 196 ■

90-36, § 2, 81 Stat. 94; Jan. 2, 1968, Pub. L. 90-248 title V « 503
81 Stat. 934; July 9, 1969, Pub. L. 91-41, § 4, 83 Stat 45.) '

42 U.S.C. 1477. Preferences for veterans and families of deceased

SERVICEMEN

ur^m" e,iiBil-,le a?P^an^, 80ekinK ^stance under sections
1471 to 14 4, inclusive of this title, the Secretary shall give prefer-
ence to veterans and the families of deceased servicemen As used
herein, a "veteran" shall mean a person who served in the military
forces of the United States during any war between the Untied

llTaTf "7 °'her °r durinV the Veriod beginning Jun^ 37,

J9o0 a.ndendmg on such date as shall be determined by Presidential
proclamatwn or ■co^urrent resolution of Congress and who w^s d is
charged or released therefrom on conditions other than dishonor-
[Emphasis supplied.]

335

ble. "Deceased servicemen" shall mean persons who served in the
military forces of the United States during any war between the
United States and any other nation or during the period beginning
June 27, 1950, and ending on such date as shall be determined by
Presidential proclamation or concurrent resolution of Congress and
who died in service before the termination of such war or such
period. (July 15, 1949, ch. 338, title V, § 507, 63 Stat. 435 ; June 30,
1953, ch. 174, § 3, 67 Stat. 132; June 30, 1961, Pub. L. 87-70, title
VIII, § 804(b) (2), 75 Stat. 188.)

42 U.S.C. 1541. Termination of subchapters ii — vn; saving clause

When the President shall have declared that the emergency
declared by him on September 8, 1939, has ceased to exist (a) the
authority contained in sections 1521, 1532, 1561, and 1562 of this
title shall terminate except with respect to contracts on projects pre-
viously entered into or undertaken and court proceedings then pend-
ing, and (b) property acquired or constructed under subchapters II
— VII of this chapter (including schools and hospitals) shall be dis-
posed of as promptly as may be advantageous under the
circumstances and in the public interest. (Oct. 14, 1940, ch. 8C2, title
III, § 301, formerly § 4, 54 Stat. 1127, renumbered and amended
June 28, 1941, ch. 260, § 4 (a), 55 Stat. 363; Apr. 10, 1942, ch. 239, §
1, 56 Stat. 212.)

42 U.S.C. 1592. Authority of Administrator

Subject to the provisions and limitations of sections 1591 to 1591c
of this title, and this subchapter, the Housing and Home Finance
Administrator (hereinafter referred to as the "Administrator") is
authorized to provide housing in any areas (subject to the provisions
of section 1591 of this title) needed for defense workers or military
personnel or to extend assistance for the provision of, or to provide,
community facilities or services required in connection with national
defense activites in any area which the President, pursuant to the
authority contained in said section, has determined to be a critical
defense housing area. (Sept. 1, 1951, ch. 378, title III, § 301, 65 Stat.
303.)

—NOTE—

Excerpt from House Eept. 795, 82d Cong., 1st Sess. (1951)

Since the proposed new title IX is contemplated at this
time as limited legislation to be utilized only in areas where
Presidential determinations of defense impact have been
made and since there is no sure way of estimating the
extent to which that title may have to be employed, the bill
(in sec. 607) makes provision for a maximum increase in
authorization for all insured mortgage programs of 1.5 bil-
lion. Authority to release the 1.5 billion of authorization is

[Emphasis supplied.]

336

vested in the President who would have authority under the
bill to release such amounts at such times as in his judg-
ment are necessary for the continuation of any of the
insured mortgage programs of the FHA (except for title
VI), including title VIII which provides mortgage insur-
ance for rental housing for military personnel at military
posts and bases and, as proposed to be amended, for person-
nel at atomic energy installations. Thus, if it proves unnec-
essary to use title IX to any considerable extent, new
FHA-insured housing could be provided under section 8 of
title I and the several programs imder title II upon release
of authorization for that purpose by the President. If, on
the other hand, an acceleration in defense impact makes
necessary any substantial use of title IX, the available
authorization could be released by the President for this
purpose. Your committee believes that this presents a much
more flexible arrangement for handling the necessary
authorization for FHA programs than would be the case if
Congress were to try to provide specific authorizations large
enough to meet all possible contingencies in each of such
programs separately. It is unnecessary to provide an
amount equal to the total which otherwise would be
required for each of the several FHA titles since the use of
the new title IX program will reduce insurance activity
under other titles of the National Housing Act.

Subject to the provisions of title I, the Administrator of
the Housing and Home Finance Agency would be author-
ized to take necessary action to acquire land, to have plans
drawn, to let contracts, and to take other steps required for
the provision of such housing. Specific authority would be
given (as is customary in defense legislation of this type)
to permit the exercise of such powers without compliance
with certain Federal laws requiring, among other thhios,
approval of land titles by the Attorney General before the
expenditure of Federal funds, placing conditions on pay-
ments for rentals and alterations of rented property, and
prescribing methods of contracting and procurement. In
addition, the President would not be required to observe
federal laws, rules, or regulations concerning plans and
specifications forms of contract, the approval thereof, or the
submission of estimates therefor. These exemption^ would
make possible expeditious action in emergency situations

42 U.S.C. 1711. Definitions
AVhen used is this chapter —

tv!6 !*rm "SecretFy" means the Secretary of Labor,
(b) I he term "war-risk hazard" means any hazard arising durina
a war in which the United States is engaged; during^ arZ7d
[Emphasis supplied.]

337

conflict in which the United States is engaged, whether or not war
has been declared; or during a war or armed conflict between mili-
tary forces of any origin, occurring within any country in which a
person covered by this chapter is serving; from —

(1) the discharge of any missile (including liquids and gas)
or the use of any weapon, explosive, or other noxious thing by a
hostile force or person or in combating an attack or an imag-
ined attack by a hostile force or person ; or

(2) action of a hostile force or person, including rebellion or
insurrection against the United States or any of its Allies; or

(3) the discharge or explosion of munitions intended for use
in connection with a war or armed conflict with a hostile force
or person as defined herein (except with respect to employees of
a manufacturer, processor, or transporter of munitions during
the manufacture, processing, or transporting thereof, or while
stored on the premises of the manufacturer, processor, or trans-
porter) ; or

(4) the collision of vessels in convoy or the operation of ves-
sels or aircraft without running lights or without other custom-
ary peacetime aids to navigation ; or

(5) the operation of vessels or aircraft in a zone of hostilities
or engaged in war activities.

(c) The term "hostile force or person" means any nation, any
subject of a foreign nation, or any other person serving a foreign
nation (1) engaged in a war against the United States or any of its
allies, (2) engaged in armed conflict, whether or not war has been
declared, against the United States or any of its allies, or (3) engaged
in a war or armed conflict between military forces of any origin in
any country in which a person covered by this chapter is serving.

(A) The term "allies" means any nation with which the United
States is engaged in a common military effort or with which the
United States has entered into a common defensive military alliance.

(e) The term "war activities" includes activities directly relating
to military operations.

(f ) the term "continental United States" means the States and the
District of Columbia. (Dec. 2, 1942, ch. 688, title II, § 201, 50 Stat.
1033; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F.R. 7873,
60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.
R. 3178, 64 Stat. 1271; June 30, 1953, eh. 176 § 1, 67 Stat. 134; June
30, 1954, ch. 431, § 1, 68 Stat. 336 ; June 30, 1955, ch. 257, § 1, 69
Stat. 241; July 9, 1956, ch. 537, § 1, 70 Stat. 519; June 29" 1957,
Pub. L. 85-70, 71 Stat. 242; Aug. 8, 1958, Pub. L. 85-608, title I,
§§ 103, 104, 72 Stat. 537; June 25, 1959, Pub. L. 86-70, § 42(c), 73
Stat. 151.)

-NOTE-
Excerpt from Senate Rept. 1448, 77th Cong., 2d Sess. (1942)
general principles of the bill

No one knows today the size of character of the problem
which the civilians of this country may face in the future.

[Emphasis supplied.]

338

It is hoped that the civilian population may be spared the
horrors of war, but many American civilians in outlying
areas have already been affected by enemy action and the
committee recognizes that no one can say when other areas
may be affected or in what ways or with what results.

As a result of the war civilian distress may arise through
death, personal injury or damage to real or personal prop-
erty. Not only direct enemy action but action taken in
defense or in anticipation of enemy attack may cause var-
ious types of damage to civilians. Evacuation of certain
areas may become necessary with accompanying disorders
of civilian life and possible damage. The dependents of
civilians taken prisoner by the enemy may be left in need as
a result of such action. Enemy attacks can cause civilian
injuries which even if not totally disabling to the individ-
ual would require prompt and frequent medical attention.

The committee is convinced that the tremendous demands
which enemy attack may make on normal community facili-
ties for medical and welfare services require careful plan-
ning on the part of the Federal, State, and local public
agencies and private agencies responsible for this work.
After careful study the committee is of the firm conviction
that there must be a flexible system of civilian protection
which will deal with a variety of contingencies and large-
scale emergencies which may arise as a result of enemy
attack. If any enemy attack should occur we must be pre-
pared to deal with the situation.

The bill provides for a great deal of flexibility which is
based upon the experience of Great Britain. Title I and
title II of the bill have been drawn in a broad and compre-
hensive way so that the President and the Federal Security
Administrator may adjust the program in terms of the
scope and character of future events. The committee was
impressed with the recommendation made by the Federal
Security Administrator "that the legislation" and adminis-
tration be kept adjustable to the needs of individuals so as
not only to protect the individual but to male certain that
the Government in a time of crisis can act quickly and
effectively and with due regard to all factors involved."

The committee held hearings and heard testimony from
representatives of the War and Xavv Departments, the
United States Employees' Compensation Commission, the
f ederal .Security Agency, and the Bureau of the Budget, all
of whom favored the enactment of the bill.

In addition, the committee heard testimony from repre-
sentatives of the stock insurance companies, the mutual
casualty insurance companies, and the New York State
Workmen's Compensation Fund. The purpose and objective
ot the bill was endorsed by these representatives who also
ottered their facilities to assist in the administration of the
programs.

[Emphasis supplied.]

339

The committee has received a recent resolution adopted
by the legislature of the State of New York relating to the
bill. The resolution of the New. York State Legislature
"urges the Congress of the United States to foster and sup-
port legislation providing benefits to civilians who may be
injured or the dependents of civilians who may be killed by
reason of enemy action, which benefits shall be a charge
upon the whole people of the United States, equitably and
proportionately distributed."

42 U.S.C. 1712. Disqualification from benefits

No person convicted in a court of competent jurisdiction of any
subversive act against the United States or any of its Allies, com-
mitted after the declaration by the President on May 27, 19Jfl, of
the national emergency, shall be entitled to compensation or other
benefits under subchapter I of this chapter, nor shall any compesna-
tion be payable with respect to his death or detention under said
subchapter, and upon indictment or the filing of an information
charging the commission of any such subversive act, all such com-
pensation or other benefits shall be suspended and remain suspended
until acquittal or withdrawal of sach charge, but upon conviction
thereof or upon death occurring prior to a final disposition thereof,
all such payments and all benefits under said subchapter shall be
forfeited and terminated. If the charge is withdrawn, or there i9 an
acquittal, all such compensation withheld shall be paid to the person
or persons entitled thereto. (Dec. 2, 1942, ch. 668, title II, § 202, 56
Stat. 1034.)

[See, 42 U.S.C. 1711 (Senate Eept. 1448). Supra.']

42 U.S.C. 2138. Suspension of licenses during war or national

EMERGENCY

Whenever the Congress declares that a state of war or national
emergency exists, the Commission is authorized to suspend any li-
censes granted under this chapter if in its judgment such action is nec-
essary to the common defense and security. The Commission is
authorized during such period, if the Commission finds it necessary
to the common defense and security, to order the recapture of any
special nuclear material or to order the operation of any facility
licensed under section 2133 or 2134 of this title, and is authorized to
order the entry into any plant or facility in order to recapture such
material, or to operate such facility. Just compensation shall be paid
for any damages caused by the recapture of any special nuclear
material or by the operation of any such facility. (Aug. 1, 1946, ch.
724. § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939, and
amended Sept. 23, 1959, Pub L. 86-373, § 2, 73 Stat. 691.)

[£mphasis supplied.]

340

42 U.S.C. 2165. Security restrictions

(a) On contractors and licensees.

No arrangement shall be made under section 20ol of this title no
contract shall be made or continued in effect under section 2001 of
this title, and no license shall be issued under section 2133 or 2134 of
this title, unless the person with whom such arrangement is made,
the contractor or prospective contractor, or the prospective licensee
agrees in writing not to permit any individual to have access to
Restricted Data until the Civil Service Commission shall have made
an investigation and report to the Commission on the character,
associations, and loyalty of such individual, Mid the Commission
shall have determined that permitting such person to have access to
Restricted Data will not endanger the common defense and security.

(b) Employment of personnel ; access to Restricted Data.

Except as authorized by the Commission or the General Man-
ager upon a determination by the Commission or General Manager
that such action is clearly consistent with the national interest, no
individual shall be employed by the Commission nor shall the Com-
mission permit any individual to have access to Restricted Data
until the Civil Service Commission shall have made an investigation
and report to the Commission on the character, associations, and loy-
alty of such individual, and the Commission shall have determined
that permitting such person to have access to Restricted Data will
not endanger the common defense and security.

In lieu of the investigation and report to be made by the Civil
Service Commission pursuant to subsection (b) of this section, the
Commission may accept an investigation and report on the charac-
ter, associations, and loyalty of an individual made by another Gov-
ernment agency which conducts personnel security investigations,
provided that a security clearance has been granted to such individ-
ual by another Government agency based on such investigation and
report.

(d) Investigations by FBI.

In the event an investigation made pursuant to subsections (a)
and (b) of this section develops any data reflecting that the individ-
ual who is the subject of the investigation is of questionable loyalty,
the Civil Service Commission shall refer the matter to the Federal
Bureau of Investigation for the conduct of a full field investigation,
the results of which shall be furnished to the Civil Service Commis-
sion for its information and appropriate action.

(e) Presidential investigation.

If the President deems it to be in the national interest he may
from time to time determine that investigations of any group or
class which are required by subsections (a), (b), and (c)"of this sec-
tion be made by the Federal Bureau of Investigation.

(f ) Certification of specific positions for investigation by FBI.
Notwithstanding the provisions of subsections (a), (b), and (c) of

tliis section, a majority of the members of the Commission shall cer-
tify those specific positions which are of a high degree of impor-

341

tance or sensitivity, and upon such certification, the investigation
and reports required by such provisions shall be made by the Fed-
eral Bureau of Investigation.

(g) Investigation standards.

The Commission shall establish standards and specifications in
writing as to the scope and extent of investigations, the reports of
which will be utilized by the Commission in making the determina-
tion, pursuant to subsections (a), (b), and (c) of this section, that
permitting a person access to restricted data will not endanger the
common defense and security. Such standards and specifications
shall be based on the location and class or kind of work to be done,
and shall, among other considerations, take into account the degree
of importance to the common defense and security of the restricted
data to which access will be permitted.

( h ) War time clearance.

Whenever the Congress declares that a state of war exists* or in
the event of a national disaster due to enemy attach* the Commission
is authorized during the state of war or period of national disaster
due to enemy attack to employ individuals and to permit individuals
access to Restricted Data pending the investigation report, and
determination required by subsection (b) of this section, to the
extent that and so long as the Commission finds that such action is
required to prevent impairment of its activities in furtherance of the
common defense and security. (Aug. 1, 1946, ch. 724, § 145, as added
Aug. 30, 1954, ch. 1073, § 1. 68 Stat. 942, and amended Aug. 19,
1958, Pub. L. 85-681, § 5, 72 Stat. 633: Sept. 6, 1961, Pub. L.
87-206, § 6, 75 Stat. 476; Aug. 29, 1962, Pub. L. 87-615, § 10, 76
Stat. 411.)

— N O T E —

Excerpt from House Sept. 2272, 85th Cong., 1st Sess. (1957)

Section 5 of the bill amends section 145 of the Atomic
Energy Act by adding a new subsection g concerning secu-
rity clearances for access to restricted data prior to comple-
tion of investigation during a state of war delcared by Con-
gress* or in the event of a national disaster due to enemy
attack. It is the intent of the Joint Committee that the
Commission shall interpret new subsection 145g strictly and
not authorize such emergency clearances except under the
conditions provided by the bill, namely, » state of war
declared by Congress, or a national disaster due to enemy
attack. It is further understood that such access to
restricted data will be granted only pending the investiga-
tion report and determination required by section 145b to
the extent that and so long as the Commission finds that
such action is required to prevent the impairment of its
activities in furtherance of the common defense and
security.

[Emphasis supplied.]

342

42 U.S.C. 2201. General duties of Commission. [AEC]

In the performance of its functions the Commission is authorized
to—

(a) Establishment of advisory boards. Establish advisory boards
to advise with and make recommendations to the Commission on leg-
islation, policies, administration, research, and other matters, pro-
vided that the Commission issues regulations setting forth the scope,
procedure, and limitations of the authority of each such board.

(b) Standards governing use and possession of material. Establish
by rule, regulation, or order, such standards and instructions to
govern the possession and use of special nuclear material, source
material, and byproduct material as the Commission may deem nec-
essary or desirable to promote the common defense and security or
to protect health or to minimize danger to life or property.

(c) Studies and investigations. Make such studies and investiga-
tions, obtain such information, and hold such meetings or hearings
as the Commission may deem necessary or proper to assist it in exer-
cising any authority provided in this chapter, or in the administra-
tion or enforcement of this chapter, or any regulations or orders
issued thereunder. For such purposes the Commission is authorized
to administer oaths and affirmations, and by subpena to require any
person to appear and testify, or to appear and produce documents,
or both, at any designated place. Witnesses subpenaed imder this
subsection shall be paid the same fees and mileage as are paid wit-
nesses in the district courts of the United States.

(d) Employment of personnel. Appoint and fix the compensation
of such officers and employees as may be necessary to carry out the
functions of the Commission. Such "officers and employees shall be
appointed in accordance with the civil-service laws and their com-
pensation fixed in accordance with chapter 51 and subchapter III of
chapter 53 of Title 5, except that, to the extent the Commission
deems such action necessary to the discharge of its responsibilities,
personnel may be employed and their compensation fixed without
regard to such laws : Provided, however. That no officer or employee
(except such officers and employees whose compensation is fixed by
law, and scientific and technical personnel up to a limit of the high-
est rate of grade 18 of the General Schedule whose position would
be subject to chapter 51 and subchapter III of chapter 53 of Title 5,
if such provisions were applicable, to such position, shall be paid a
salary at a rate in excess of the rate payable under such provisions
for positions of equivalent difficulty or responsibility. Such rates of
compensation may be adopted by the Commission as' may be author-
ized by chapter 51 and subchapter III of chapter 53 of Title 5, as of
the same date such rates are authorized for positions subject to such
provisions. The Commission shall make adequate provisions for
administrative review of any determination to dismiss any employee.

(e) Acquisition of material, property, etc.; negotiation of com-
mercial leases. Acquire such material, property, equipment, and
facilities, establish or construct such buildings and facilities, and
modify such buildings and facilities from time to time, as it may
deem necessary, and construct, acquire, provide, or arrange for such

343

facilities and services (at project sites where such facilities and serv-
ices are not available) for the housing, health, safety, welfare, and
recreation of personnel employed by the Commission as it may deem
necessary, subject to the provisions of section 2224 of this title : Pro-
vided, however, That in the communities owned by the Commission,
the Commission is authorized to grant privileges, leases and permits
upon adjusted terms which (at the time of the initial grant of any
privilege grant, lease, or permit, or renewal thereof, or in order to
avoid inequities or undue hardship prior to the sale by the United
States of property affected by such grant) are fair and reasonable to
responsible persons to operate commercial businesses without adver-
tising and without advertising 1 and without securing competitive
bids, but taking into consideration, in addition to the price, and
among other things (1) the quality and type of services required by
the residents of the community, (2) the experience of each conces-
sion applicant in the community and its surrounding area, (3) the
ability of the concession applicant to meet the needs of the commu-
nity, and (4) the contribution the concession applicant has made or
will make to the other activities and general welfare of the commu-
nity.

(f) Utilization of other Federal agencies. With the consent of the
agency concerned, utilize, or employ the services or personnel of any
Government agency or any State or local government, or voluntary
or uncompensated personnel, to perform such functions on its behalf
as may appear desirable.

(g) Acquisition of real and personal property. Acquire, purchase,
lease, and hold real and personal property, including patents, as
agent of and on behalf of the United States, subject to the provi-
sions of section 2224 of this title, and to sell, lease, grant, and dis-
pose of such real and personal property as provided in this chapter.

(h) Consideration of license applications. Consider in a single
application one or more of the activities for which a license is
required by this chapter, combine in a single license one or more of
such activities, and permit the applicant or licensee to incorporate by
reference pertinent information already filed with the Commission.

(i) Regulations governing Restricted Data. Prescribed such regu-
lations or orders as it may deem necessary (1) to protect Restricted
Data received by any person in connection with any activity author-
ized pursuant to this chapter, (2) to guard against the loss or diver-
sion of any special nuclear material acquired by any person pursuant
to section 2073 of this title or produced by any person in connection
with any activity authorized pursuant to this chapter, and to pre-
vent any use or disposition thereof which the Commission may
determine to be inimical to the common defense and security, and
(3) to govern any activity authorized pursuant to this chapter,
including standards and restrictions governing the design, location,
and operation of facilities used in the conduct of such activity, in
order to protect health and to minimize danger to life or property.

(j ) Disposition of surplus materials. Without regard to the provi-
sions of the Federal Property and Administrative Services Act of

1 So in original.

344

1949, as amended, except section 488 of Title 40, or any other law,
make such disposition as it may deem desirable of (1) radioactive
materials, and (2) any other property, the special disposition of
which is, in the opinion of the Commission, m the interest of the
national security : Provided, however, That the property furnished
to licensees in accordance with the provisions of subsection (m) of
this section shall not be deemed to be property disposed of by the
Commission pursuant to this subsect ion.

(k) Carrying of firearms. Authorize such of its members, officers,
and employees as it deems necessary in the interest of the common
defense anil security to carry firearms while in the discharge of their
official duties. The Commission may also authorize such of those
employees of its contractors engaged in the protection of property
owned by the United States and located at facilities owned by or
contracted to the United States as its- deems necessary in the inter-
ests of the common defense and security to cany firearms while in
the discharge of their official duties.

(1) Repealed. Pub. L. 87-456, title III, § 303(c), May 24, 1962,
76 Stat. 78.

(m) Agreements regarding production. Enter into agreements
with persons licensed under section 2133. 2134, 2073(a) (4), or
2093(a) (4) of this title for such periods of time as the Commission
may deem necessary or desirable (1) to provide for the processing,
fabricating, separating, or refining in facilities owned by the Com-
mission of source, byproduct, or other material or special nuclear
material owned by or made available to such licensees and which is
utilized or produced in the conduct of the licensed activity, and (2)
to sell, lease, or otherwise make available to such licensees such
quantities of source or byproducts material, and other material not
defined as special nuclear material pursuant to this chapter, as may
be necessary for the conduct of the licensed activity : Provided, how-
ever, That any such agreement may be canceled by the licensee at
any time upon payment of such reasonable cancellation charges as
may be agreed upon by the licensee and the Commission: And pro-
vided further, That the Commission shall establish prices to be paid
by licensees for material or services to be furnished by the Commis-
sion pursuant to this subsection, which prices shall be established on
such a nondiscriminatory basis as. in the opinion of the Commission,
will provide reasonable compensation to the Government for such
material or services and will not discourage the development of
sources of supply independent of the Commission.

(n) Delegation of functions. Delegate to the General Manager or
other officers of the Commission any of those functions assigned to it
under this chapter except those specified in sections 2071, 2077(b),
2091, 213S, 2153, 2165(b) of this title (with respect to the determina-
tion of those persons to whom the Commission may reveal Restricted
Data in the national interest), 2165(f) of this title and subsection
(a) of this section.

(o) Reports. Required by rule, regulation, or order, such reports,
and the keeping of such records with respect to, and to provide for
such inspections of, activities and studies of types specified in sec-
tion 2051 of this title and of activites under licenses issued pursuant

345

to sections 2073, 2093, 2111, 2133, and 2134 of this title, as may be
necessary to effectuate the purposes of this chapter, including section
2135 of this title.

(p) Rules and regulations. Make, promulgate, issue, rescind, and
amend such rules and regulations as may be necessary to carry out
the purposes of this chapter.

(q) Easements for rights-of-way. The Commission is authorized
and empowered, under such terms and conditions as are deemed
advisable by it, to grant easements for rights-of-way over, across, in,
and upon acquired lands under its jurisdiction and control, and
public lands permanently withdrawn or reserved for the use of the
Commission, to any State, political subdivision thereof, or munici-
pality, or to any individual, partnership, or corporation of any
State, Territory, or possession of the. United States, for (a) railroad
tracks; (b) oil pipe lines; (c) substations for electric power trans-
mission lines, telephone lines, and telegraph lines, and pumping sta-
tions for gas, water, sewer, and oil pipe lines; (d) canals; (e)
ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in connec-
tion with fish and wildlife programs, fish hatcheries, and other fish-
cultural improvements; (i) roads and streets; and (]) for any other
purpose or purposes deemed advisable by the Commission: Pro-
vided, That such rights-of-way shall be granted only upon a finding
by the Commission that the same will not be incompatible with the
public interest : Provided further, That such rights-of-way shall not
include any more land than is reasonably necessary for the purpose
for which granted: And provided further, That all or any part of
such rights-of-way may be annulled and forfeited by the Commis-
sion for failure to comply with the terms and conditions of any
grant hereunder or for nonuse for a period of two consecutive years
or abandonment of rights granted under authority hereof. Copies of
all instruments granting easements over public lands pursuant to
this section shall be furnished to the Secretary of the Interior.

(r) Sale of utilities and related services. Under such regulations
and for such periods and at such prices the Commission may pre-
scribe, the Commission may sell or contract to sell to purchasers
within Commission-owned communities or in the immediate vicinity
of the Commission community, as the case may be, any of the fol-
lowing utilities and related services, if it is determined that they are
not available from another local source and that the sale is in the
interest of the national defense or in the public interest :

( 1 ) Electric power.

(2) Steam.

(3) Compressed air.

(4) Water.

(5) Sewage and garbage disposal.

(6) Natural, manufactured, or mixed gas.

(7) Ice.

(8) Mechanical refrigeration.

(9) Telephone service.

Proceeds of sales under this subsection shall be credited to the
appropriation currently available for the supply of that utility or
service. To meet local needs the Commission may make minor expan-

346

sions and extensions of any distributing system or facility within or
in the immediate vicinity of a Commission-owned community
through which a utility or service is furnished under this subsection.

(s) Succession of authority. Establish a plan for a succession of
authority which will assure the continuity of direction of the Com-
mission's operations in the event of a national disaster due to enemy
activity. Notwithstanding any other provision of this chapter, the
person or persons succeeding to command in the event of disaster in
accordance with the plan established pursuant to this subsection
shall be vested with all of the authority of the Commission: Pro-
vided, That any such succession to authority, and vesting of author-
ity shall be effective only in the event and as long as a quorum of
three or more members of the Commission is unable to convene and
exercise direction during the disaster period: Provided further,
That the disaster period includes the period when attack on the
United States is imminent and the post-attack period necessary to
reestablish normal lines of command.

(t) Contracts. Enter into contracts for the processing, fabricating,
separating, or refining in facilities owned by the Commission of
source, byproduct or other material, or special nuclear material, in
accordance with and within the period of an agreement for coopera-
tion while comparable services are available to persons licensed
under section 2133 or 2134 of this title: Provided, That the prices
for services under such contracts shall be no less than the prices cur-
rently charged by the Commission pursuant to subsection (m) of
this section.

(u) Additional contracts; guiding principles; appropriations.

(1) enter into contracts for such periods of time as the Com-
mission may deem necessary or desirable, but not to exceed five
years from the date of execution of the contract, for the pur-
chase or acquisition of reactor services or services related to or
required by the operation of reactors ;

(2) (A) enter into contracts for such periods of time as the
Commission may deem necessary or desirable for the purchase
or acquisition of any supplies, equipment, materials, or services
required by the Commission whenever the Commission deter-
mines that: (i) it is advantageous to the Government to make
such purchase or acquisition from commercial sources; (ii) the
furnishing of such supplies, equipment, materials, or services
will require the construction or acquisition of special facilities
by the vendors or suppliers thereof: (iii) the amortization
chargeable to the Commission constitutes an appreciable por-
tion of the cost of contract performance, excluding cost of mate-
rials; and (iv) the contract for such period is more advanta-
geous to the Government than a similar contract not executed
under the authority of this subsection. Such contracts shall be
entered into for periods not to exceed five years each from the
date of initial delivery of such supplies, equipment, materials
or services or ten years from the date of execution of the con-
tracts excluding periods of renewal imder option.

(B) In entering into such contracts the Commission shall
be guided by the following principles: (i) the percentage of

347

the total cost of special facilities devoted to contract per-
formance and chargeable to the Commission should not
exceed the ratio between the period of contract deliveries
and the anticipated useful life of such special facilities; (ii)
the desirability of obtaining options to renew the contract
for reasonable periods at prices not to include charges for
special facilities already amortized; and (iii) the desirabil-
ity of reserving in the Commission the right to take title to
the special facilities under appropriate circumstances; and
(3) include in contracts made under this subsection provisions
which limit the obligation of funds to estimated annual deliver-
ies and services and the unamortized balance of such amounts
due for special facilities as the parties shall agree is chargeable
to the performance of the contract. Any appropriation available
at the time of termination or thereafter made available to the
Commission for operating expenses shall be available for pay-
ment of such costs which may arise from termination as the
contract may provide. The term "special facilities" as used in
this subsection means any land and any depreciable buildings,
structures, utilities, machinery, equipment, and fixtures neces-
sary for the production or furnishing of such supplies, equip-
ment, materials, or services and not available to the vendors or
suppliers for the performance of the contract,
(v) Contracts for production or enrichment of special nuclear
material; domestic licensees; other nations; prices; materials of for-
eign origin; criteria for availability of services under this subsec-
tion ; Congressional review.

(A) enter into contracts with persons licensed under sections 2073,
2093, 2133 or 2134 of this title for such periods of time as the Com-
mission may deem necessary or desirable to provide, after December
31, 1968, for the producing or enriching of special nuclear material
in facilities owned by the Commission ; and

(B) enter into contracts to provide, after December 31, 1968, for
the producing or enriching of special nuclear material in facilities
owned by the Commission in accordance with and within the period
of an agreement for cooperation arranged pursuant to section 2153
of this title while comparable services are made available pursuant
to paragraph (A) of this subsection :

Provided, That (i) prices for services under paragraph (A) of this
subsection shall be established on a nondiscriminatory basis; (ii)
prices for services under paragraph (B) of this subsection shall be
no less than prices under paragraph (A) of this subsection; and
(iii) any prices established under this subsection shall be on a basis
of recovery of the Government's costs over a reasonable period of
time: And provided further, That the Commission, to the extent
necessary to assure the maintenance of a viable domestic uranium
industry, shall not offer such services for source or special nuclear
materials of foreign origin intended for use in a utilization facility
within or under the jurisdiction of the United States. The Commis-
sion shall establish criteria in writing setting forth the terms and
conditions under which services provided under this subsection shall
be made available including the extent to which such services will be

348

made available for source or special nuclear material of foreign
origin intended for use in a utilization facility within or under the
jurisdiction of the United States: Provided, That before the Com-
mission establishes such criteria, the proposed criteria shall be sub-
mitted to the Joint Committee, and a period of forty-five days shall
elapse while Congress is in session (in computing the forty-five days
there shall be excluded the days in which either House is not in ses-
sion because of adjournment for more than three days) unless the
Joint Committee by resolution in writing waives the conditions of,
or all or any portion of, such forty-five-day period. (Aug. 1, 1946,
ch. 724, § 161, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948,
and amended July 14, 1956, ch. 608, 70 Stat. 553; Aug. 6, 1956, ch.
1015, § 4, 70 Stat. 1069; Aug. 21, 1957, Pub. L. 85-162, title II,
§§ 201, 204, 71 Stat. 410; Sept. 4, 1957, Pub. L. 85-287, § 4, 71 Stat.
613; July 7, 1958, Pub. L. 85-507, § 21(b)(1), 72 Stat. 337; Aug.
19, 1958, Pub. L. 85-681, §§ 6, 7, 72 Stat. 633; Sept. 21, 1959, Pub.
L. 86-300, § 1, 73 Stat. 574; Sept. 6, 1961, Pub. L. 87-206, § 13, 75
Stat. 478; May 24, 1962, Pub. L. 87-456, title III, § 303(c), 77 Stat.
78; Aug. 29, 1962, Pub. L. 87-615, § 12, 76 Stat. 411; Oct. 11, 1962,
Pub. L. 87-793, § 1001(g), 76 Stat. 864; Aug. 26. 1964, Pub. L.
88-489, § 16, 78 Stat. 606; Dec. 14, 1967, Pub. L. 90-190, § 11, 81
Stat. 578; Oct. 15, 1970, Pub. L. 91-452, title II, §237, 84 Stat.
930; Dec. 19, 1970, Pub. L. 91-560, §§ 7, 8, 84 Stat. 1474.;

Title 43 — Public Lands

43 U.S.C. 155. Withdrawal, reservation, or restriction of public

LANDS FOR DEFENSE PURPOSES ; DEFINITION ; EXCEPTION

Notwithstanding any other provisions of law, except in time of
war or national emergency hereafter declared by the President or
the Congress, on and after February 28, 1958 the provisions hereof
shall apply to the withdrawal and reservation for, restriction of,
and utilization by, the Department of Defense for defense purposes
of the public lands of the United States, including public lands in
the Territories of Alaska and Hawaii : Provided, That —

(1) for the purposes of this Act, the term "public lands"
shall be deemed to include, without limiting the meaning
thereof, Federal lands and waters of the Outer Continental
Shelf, as defined in section 1331 of this title, and Federal lands
and waters off the coast of the Territories of Alaska and
Hawaii;

(2) nothing in this Act shall be deemed to be applicable to
the withdrawal or reservation of public lands specifically as
naval petroleum, naval oil shale, or naval coal reserves ;

(3) nothing in this Act shall be deemed to be applicable to
the warning areas over the Federal lands and waters of the
Outer Continental Shelf and Federal lands and waters off the

[Emphasis supplied.]

349

coast of the Territory of Alaska reserved for use of the military
departments prior to the enactment of the Outer Continental
Shelf Lands Act ; arid

(4) nothing in this section, section 156, or section 157 of this
title shall be deemed to be applicable either to those reservations
or withdrawals which expired due to the ending of the unlim-
ited national emergency of May 27, 1941, and which subsequent
to such expiration have been and are now used by the military
departments with the concurrence of the Department of the
Interior, or to the withdrawal of public domain lands of the
Marine Corps Training Center, Twentynine Palms, California,
and the naval gunnery ranges in the State of Nevada designated
as Basic Black Rock and Basic Sahwave Mountain.
(Pub. L. 85-337, § 1, Feb. 28, 1958, 72 Stat. 27.)

43 U.S.C. 616W. Restriction on delivery of water for

PRODUCTION OF EXCESSIVE BASIC COMMODITIES

For a period of ten years from September 2, 1964, no water from
the projects authorized by this Act shall be delivered to any water
user for the production of newly irrigated lands of any basic agri-
cultural commodity, as denned in the Agricultural Act of 1949, or
any amendment thereof, if the total supply of such commodity for
the marketing year in which the bulk of the crop would normally be
marketed is in excess of the normal supply as defined in section
1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for
an increase in production of such commodity in the interest of
national security. (Pub. L. 88-568, § 5, Sept. 2, 1964, 78 Stat. 853.)

43 U.S.C. 1314. Rights and powers retained by the United States;

PURCHASE OF NATURAL RESOURCES ; CONDEMNATION OF LANDS

(a) The United States retains all its navigational servitude and
rights in and powers of regulation and control of said lands and
navigable waters for the constitutional purposes of commerce, navi-
gation, national defense, and international affairs, all of which shall
be paramount to, but shall not be deemed to include, proprietary
rights of ownership, or the rights of management, administration,
leasing, use, and development of the lands and natural resources
which are specifically recognized, confirmed, established, and vested
in and assigned to the respective States and others by section 1311
of this title.

(b) In time of war or when necessary for national defense, and
the Congress or the President shall so prescribe, the United States
shall have the right of first refusal to purchase at the prevailing
market price, all or any portion of the said natural resources, or to
acquire and use any portion of said lands by proceeding in accord-
ance with due process of law and paying just compensation there-
for. (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.)

[Emphasis supplied.]

24-509 O - 73 - 24

350

43 U.S.C. 1341. Reservation of lands and rights

(a) Withdrawal of unleased lands by President.

The President of the United States may, from time to time, with-
draw from disposition any of the unleased lands of the outer
Continental Shelf.

(b) First refusal of mineral purchases.

In time of war, or when the President shall so prescribe, the
United States shall have the right of first refusal to purchase at the
market price all or any portion of any mineral produced from the
outer Continental Shelf.

All leases issued under this subchapter, and leases, the mainte-
nance and operation of which are authorized under this subchapter,
shall contain or be construed to contain a provision whereby author-
ity is vested in the Secretary, upon a recommendation of the Secre-
tary of Defense, during a state of war or national emergency
declared by the Congress or the President of the United States after
August 7, 1953, to suspend operations under any lease; and all such
leases shall contain or be construed to contain provisions for the
payment of just compensation to the lessee whose operations are
thus suspended.

(d) National defense areas; suspension of operations; extension of
leases.

The United States reserves and retains the right to designate by
and through the Secretary of Defense, with the approval of the
President, as areas restricted from exploration and operation that
part of the outer Continental Shelf needed for national defense ; and
so long as such designation remains in effect no exploration or oper-
ations may be conducted on any part of the surface of such area
except with the concurrence of the Secretary of Defense; and if
operations or production under any lease theretofore issued on lands
within any such restricted area shall be suspended, any payment of
rentals, minimum royalty, and royalty prescribed by such lease like-
wise shall be suspensed during such period of suspension of opera-
tion and production, and the term of such lease shall be extended by
adding thereto any such suspension period, and the United States
shall be liable to the lessee for such compensation as is required to
be paid under the Constitution of the United States.

(e) Source materials essential to production of fissionable mate-
rials.

All uranium, thorium, and all other materials determined pur-
suant to paragraph (1) of subsection (b) of section 5 of the Atomic
Energy Act of 1946, as amended, to be peculiarly essential to the
production of fissionable material, contained, in whatever concentra-
tion, in deposits in the subsoil or seabed of the outer Continental
Shelf are reserved for the use of the United States.

(f) Helium ownership; rules and regulations governing extrac-
tion.

The United States reserves and retains the ownership of and the
right to extract all helium, under such rules and regulations as shall
[Emphasis supplied.]

351

be prescribed by the Secretary contained in gas produced from any
portion of the outer Continental Shelf which may be subject to any
lease maintained or granted pursuant to this subchapter, but the
helium shall be extracted from such gas so as to cause no substantial
delay in the delivery of gas produced to the purchaser of such gas.
(Aug. 7, 1953, ch. 345, § 12, 67 Stat. 469.)

Title 44 — Public Printing and Documents

44 U.S.C. 1505. Documents to be published in Federal Register

(a) Proclamations and Executive Orders; documents having gen-
eral applicability and legal effect; documents required to be pub-
lished by Congress.

There shall be published in the Federal Register —

(1) Presidential proclamations and Executive orders, except
those not having general applicability and legal effect or effec-
tive only against Federal agencies or persons in their capacity
as officers, agents, or employees thereof ;

(2) documents or classes of documents that the President may
determine from time to time have general applicability and
legal effect ; and

(3) documents or classes of documents that may be required
so to be published by Act of Congress.

For the purposes of this chapter every document or order which
prescribes a penalty has general applicability and legal effect.

(b) Documents authorized to be published by regulations; com-
ments and news items excluded.

In addition to the foregoing there shall also be published in the
Federal Register other documents or classes of documents authorized
to be published by regulations prescribed under this chapter with
the approval of the President, but comments or news items of any
character may not be published in the Federal Register.

(c) Suspension of requirements for filing of documents; alternate
systems for promulgating, filing, or publishing documents ; preserva-
tion of originals.

In the event of an attack or threatened attack upon the continen-
tal United States and a determination by the President that as a
result of an attack or threatened attack —

(1) publication of the Federal Register or filing of documents
with the Office of the Federal Register is impracticable, or

(2) under existing conditions publication in the Federal Reg-
ister would not serve to give appropriate notice to the public of
the contents of documents, the President may, without regard to
any other provision of law, suspend all or part of the require-
ments of law or regulation for filing with the Office or publica-
tion in the Federal Register of documents or classes of docu-
ments.

[Emphasis supplied.]

352

The suspensions shall remain in effect until revoked by the
President, or by concurrent resolution of the Congress. The Presi-
dent shall establish alternate systems for promulgating, filing, or
publishing documents or classes of documents affected by such sus-
pensions, including requirements relating to their effectiveness or
validity, that may be considered under the then existing circum-
stances practicable to provide public notice of the issuance and of
the contents of the documents. The alternate systems may, without
limitation, provide for the use of regional or specialized publications
or depositories for documents, or of the press, the radio, or similar
mediums of general communication. Compliance with alternate sys-
tems of filing or publication shall have the same effect as filing with
the Office or publication in the Federal Register under this chapter
or other law or regulation. With respect to documents promulgated
under alternate systems, each agency shall preserve the original and
two duplicate originals or two certified copies for filing with the
Office when the President determines that it is practicable. (Pub. L.
90-620, Oct. 22, 1968, 82 Stat. 1274.)

—NOTE—

Excerpt from House Rept. 2143, 90th Coxg., 2d Sess. (1968)

need for legislation

The need for this legislation arises out of the fact that
none of these statutes contain any provisions permitting the
suspension of these requirements in an emergency situation
in which compliance would be either impossible or imprac-
ticable.

In his explanatory statement accompanying the draft bill,
the Attorney General points out that —

Conceivably a situation might exist in the United States os a result
of an atomic or other attack, by air or otherwise, under which the
Archives Building, the Federal Register, and the Government Printing
Office would be destroyed and the Government dispersed. Similarly, in
a period of threatened attack it might be necessary to disperse the Gov-
ernment, means of communications might be limited, shortages of paper
might exist, and the opportunity to continue Government periodicals
might be substantially impaired. In such situations two competing con-
siderations would have to be given weight. On the one hand, it would
he impracticable to delay the effectiveness or validity of vital Presiden-
tial and other executive and administrative action until filing with the
Federal Register Division and publication in the Federal Register could
be accomplished. Indeed, such filing and publication might be impossible,
or even if possible, means of access to various filed documents, and
circulation of the Federal Register, might be so limited as not to con-
stitute an appropriate method of giving notice to the public of the con-
tents of such documents. On the other hand, the public is entitled to
reasonable notice of executive and administrative action which, espe-
cially in such an emergency, vitally affects it.

The Attorney General observes further that, under a
long-standing decision of the Supreme Court of the United
States, some form of publication or proclamation is neces-
sary in order for a Presidential proclamation, Executive

[Emphasis supplied.]

353

order or agency rule or regulation to be effective (Lapeyre
v. United States, 17 Wall. 191. 198-99 (1973)).

Finally, the Attorney General states that, although reli-
ance might be placed on the contention that the Federal
Register Act and the Administrative Procedure Act were
not intended to be applicable to an emergency situation, and
that any reasonable method of publication or promulgation
would be effective under such circumstances —

the validity of that contention would be uncertain until finally deter-
mined by a competent court. It would be preferable to place the matter
beyond doubt by appropriate legislation making it possible to provide
alternate systems for publication, promulgation and public availability
of official documents.

44 U.S.C. 3311. Destruction or records outside continental United
States in time of war or when hostiu5 action seems imminent;
written keport to the Administrator of General Services

During a, state of war between the United States and another
nation, or when hostile action by a foreign power appears imminent,
the head of an agency of the United States Government may author-
ize the destruction of records in his legal custody situated in a mili-
tary or naval establishment, ship, or other depository outside the
territorial limits of continental United States —

(1) the retention of which would be prejudicial to the inter-
ests of the United States or

(2) which occupy space urgently needed for military pur-
poses and are, in his opinion, without sufficient administrative,
legal, research, or other value to warrant their continued
preservation.

Within six months after their disposal, the official who directed
the disposal shall submit a written report to the Administrator of
General Services in which he shall describe the character of the rec-
ords and state when and where he disposed of them. (Pub. L.
90-620, Oct. 22, 1968, 82 Stat. 1301.)

Title 45 — Railroads

45 U.S.C. 228c-l. Military service

(a) For the purposes of determining eligibility for an annuity and
computing an annuity, including a minimum annuity, there shall also
be included in an individual's years of service, within the limitations
hereinafter provided in this section, voluntary or involuntary military
service of an individual within or without the United States during
any war service period, including such military service prior to
April 8, 1942: Provided, however, That such military service shall be
included only subject to and in accordance with the provisions of
subsection (b) of section 228c of this title, in the same manner as

[Emphasis supplied.]

354

though military service were service rendered as an employee: Pro-
vided further, That an individual who entered military service prior
to a war service period shall not be regarded as having been in military
service in a war service period with respect to any part of the period
for which he entered such military service.

(b) For the purpose of this section and section 202 of the Act of
June 24, 1937, chapter 382, as amended, an individual shall be
deemed to have been in "military service" when commissioned or
enrolled in the active service of the land or naval forces of the
United States and until resignation or discharge therefrom ; and the
service of any individual in any reserve component of the land or
naval forces of the United States, while serving in the land or naval
forces of the United States for any period, even though less than
thirty days, shall be deemed to have been active service in such force
during such period.

(c) For the purpose of this section and section 202 of the Act of
June 24, 1937, chapter 382, as amended, a "war service period" shall
mean (1) any war period, or (2) with respect to any particular indi-
vidual, any period during which such individual (i) having been in
military service at the end of a war period, was required to continue
in military service, or (ii) was required by call of the President, or
by any Act of Congress or regulation, order, or proclamation pur-
suant tliereto, to enter and continue in military service, or (3) any
period after September 7, 1939, with respect to which a state of
national emergency was duly declared to exist which requires a
strengthening of the national defense.

(d) For the purpose of this section, a "war period" shall be
deemed to have begun on whichever of the following dates is the
earliest: (1) the date on which the Congress of the United States
declared war; or (2) the date as of which the Congress of the
United States declared that a state of war has existed; or (3) the
date on which war was declared by one or more foreign states
against the United States; or (4) the date on which any part of the
United States or any territory under its jurisdiction was invaded or
attacked by any armed force of one or more foreign states; or (5)
the date on which the United States engaged in armed hostilities for
the purpose of preserving the Union or of maintaining in any State
of the Union a republican form of government.

(e) For the purpose of this section, a "war period" shall be
deemed to have ended on the date on which hostilities ceased.

***■'*#*■

Title 46 — Shipping

40 U.S.O. 133. Hospital ships in- time of war

Hospital ships, concerning which the conditions set forth in arti-
cles 1, 2, and 3 of the convention concluded at The Hague on July
[Emphasis supplied.]

355

29, 1899, for the adaptation to maritime warfare of the principles of
the Geneva convention of August 22, 1864, are fulfilled, shall, in the
ports of the United States and the possessions thereof, be exempted,
in time of war, from all dues and taxes imposed on vessels by the
laws of the United States, and from all pilotage charges. (Mar. 24,
1908, ch. 96, § 1, 35 Stat. 46.)

SECTION REFEBBED TO IN OTHEB SECTIONS

This section is referred to in section 134 of this title.

46 U.S.C. 134. Designation by President of hospital ships exempted

The President of the United States shall by proclamation name
the hospital ships to which section 133 of this title shall apply, and
shall indicate the time when the exemptions provided for shall begin
and end. (Mar. 24, 1908, ch. 96, § 2, 35 Stat. 46.)

*******

46 U.S.C. 249a. Distinctive service ribbon bar; issuance;
cost; replacements

The Secretary of Commerce is authorized to provide and issue,
under such rules and regulations as he may from time to time pre-
scribe, a distinctive service ribbon bar to each master, officer, or
member of the crew of any United States ship who serves or has
served after June 30, 1950, in any time of war, or national emer-
gency -proclaimed by the President or by Congress, or during an
operation by Armed Forces of the United States outside the conti-
nental United States, for such period of time and in such area or
under such conditions of danger to life as the Secretary may set
forth in regulations issued hereunder. Such bars shall be provided at
cost by the Secretary or at reasonable price9 by private persons
when authorized for manufacture and sale by the Secretary. When-
ever any bar presented under the provisions of this section is lost,
destroyed, or rendered unfit for use, without fault or neglect of the
owner, such bar may be replaced at cost by the Secretary or at rea-
sonable prices by private persons authorized by him. (July 24, 1956,
ch. 671, § 2, 70 Stat. 605.)

[See 14 U.S.C. 491, Note. Supra.]

—NOTE—

Excerpt from Senate Rept. 1473, 84th Cong., 2d Sess. (1956)

purpose of the bill

The purpose of the bill is to authorize the Secretary of
Commerce to give official recognition to acts of heroic con-
duct or extraordinary skill or service on the part of mem-

[Emphasis supplied.]

356

hers of the United States merchant marine, or for service
on merchant marine vessels in time of war or -national
emergency under certain conditions of danger to life; and
to issue citations as public evidence of deserved honor and
distinction to United States or foreign ships which partici-
pate in gallant or outstanding action in marine disasters,
etc.

The bill would also repeal, effective July 1, 1954, three
laws which provided somewhat similar authority in years
past, but which are now inoperative, inasmuch as the
periods in which rights could accrue under these statutes
have expired.

It is basic in human nature to desire recognition and
approval for acts or duties well performed, and this is par-
ticularly so where the conduct is outstanding, or heroic
above and beyond the call of duty. The Nation has always,
and very properly, given official recognition to gallantry
ai'd heroism of men in its fighting forces. This bill would
afford similar official recognition to conduct and actions of
outstanding merit performed by members of the American
merchant marine, supplementing existing statutes in this
field.

Instances of exceptionally skillful or heroic performances
by officers and crewmen of American merchant ships, while
in the conduct of their peacetime pursuits, are not uncom-
mon. Such acts add luster to the high traditions of our
country's seafaring men throughout the years. Formal rec-
ognition of such outstanding acts by the Federal Govern-
ment serves the double useful purpose of rewarding the men
immediately involved and of inspiring all others engaged in
shipping operations under the American flag to live up to
the highest traditions of their calling.

4fi U.S.C. 835. IJkstrictioxs on transfer of shipping facilities

DURING WAR OR NATIONAL EMERGENCT

When the United States is at war or during any national emer-
rjency, the existence of which is declared by proclamation of the
President, it shall be unlawful, without first obtaining the approval
of the Secretary of Commerce:

(a) To transfer to or place under any foreign registry or flag any
vessel owned in whole or in part by any person a citizen of the
United States or by a corporation organized under the laws of the
United States, or of any State, Territory, District, or possession
thereof; or

(b) To sell, mortgage, lease, charter, deliver, or in any manner
transfer, or agree to sell, mortgage, lease, charter, deliver, or in any
manner transfer, to any person not a citizen of the United States
(1) any such vessel or any interest therein, or (2) any vessel docu-
mented under the laws of the United States, or any interest therein,

[Emphasis supplied.]

357

or (3) any shipyard, drydock, shipbuilding or ship-repairing plant
or facilities, or any interest therein ; or

(c) To issue, transfer, or assign a bond, note, or other evidence of
indebtedness which is secured by a mortgage of a vessel to a trustee
or by an assignment to a trustee of the owner's right, title, or inter-
est in a vessel under construction, or by a mortgage to a trustee on a
shipyard, drydock, or shipbuilding or ship-repairing plant or facili-
ties, to a person not a citizen of the United States, unless the trustee
or a substitute trustee of such mortgage or assignment is approved
by the Secretary of Commerce : Provided, however, That the Secre-
tary of Commerce shall grant his approval if such trustee or a sub-
stitute trustee is a bank or trust company which (1) is organized as
a corporation, and is doing business, under the laws of the United
States or any State thereof, (2) is authorized under such laws to
exercise corporate trust powers, (3) is a citizen of the United States,
(4) is subject to supervision or examination by Federal or State
authority, and (5) has a combined capital and surplus (as set forth
in its most recent published report of condition) of at least
$3,000,000; or for the trustee or substitute trustee approved by the
Secretary of Commerce to operate said vessel under the mortgage or
assignment : Provided further, That if such trustee or a substitute
trustee at any time ceases to meet the foregoing qualifications, the
Secretary of Commerce shall disapprove such trustee or substitute
trustee, and after such disapproval the transfer or assignment of
such bond, note, or other evidence of indebtedness to a person not a
citizen of the United States, without the approval of the Secretary
of Commerce, shall be unlawful; or

(d) To enter into any contract agreement, or understanding to
construct a vessel within the United States for or to be delivered to
any person not a citizen of the United States, without expressly
stipulating that such construction shall not begin until after the war
or emergency proclaimed by the President has ended ; or

(e) To make any agreement or effect any understanding whereby
there is vested in or for the benefit of any person not a citizen of the
United States, the controlling interest or a majority of the voting
power in a corporation which is organized under the laws of the
United States, or of any State, Territory, District, or possession
thereof, and which owns any vessel, shipyard, drydock, or shipbuild-
ing, or ship-repairing plant or facilities ; or

(f) To cause or procure any vessel constructed in whole or in part
within the United States, which has never cleared for any foreign
port, to depart from a port of the United States before it has been
documented under the laws of the United States.

Whoever violates, or attempts or conspires to violate, any of the
provisions of this section shall be guilty of a misdemeanor, punisha-
ble by a fine of not more than $5,000 or by imprisonment for not
more than five years, or both.

If a bond, note, or other evidence of indebtedness which is secured
by a mortgage of a vessel to a trustee or by an assignment to a
trustee of the owner's right, title,' or interest in a vessel under con-
struction, or by a mortgage to a trustee on a shipyard, drydock or
shipbuilding or ship-repairing plant or facilities, is issued, trans-

358

ferred, or assigned to a person not a citizen of the United States in
violation of subsection (c) of this section, the issuance, transfer or
assignment shall be void.

Any vessel, shipyard, drydock, shipbuilding or ship-repairing
plant or facilities, or interest therein, sold, mortgaged, leased, char-
tered, delivered, transferred, or documented, or agreed to be sold,
mortgaged, leased, chartered, delivered, transferred, or documented,
in violation of any of the provisions of this section, and any stocks,
bonds, or other securities sold or transferred, or agreed to be sold or
transferred, in violation of any of such provisions, or any vessel
departing in violation of the provisions of subdivision (e) of this
section, shall be forfeited to the United States.

Any such sale, mortgage, lease, charter, delivery, transfer, docu-
mentation, or agreement therefor shall be void, whether made within
or without the United States, and any consideration paid therefor or
deposited in connection therewith shall be recoverable at the suit of
the person who has paid or deposited the same, or of his successors
or assigns, after the tender of such vessel, shipyard, drydock, ship-
building or ship-repairing plant or facilities, or interest therein, or
of such stocks, bonds, or other securities, to the person entitled there-
to, or after forfeiture thereof to the United States, unless the
person to whom the consideration was paid, or in whose interest it
was deposited, entered into the transaction in the honest belief that
the person who paid or deposited such consideration was a citizen of
the United States. (Sept. 7, 1916, ch. 451, § 37, as added July 15,
1918, ch. 1.12, § 4, 40 Stat, 901, and amended Ex. Ord. Xo. 6166,
§ 12. June 10, 1933 ; June 29, 1936. ch. 858, §§ 204, 904, 49 Stat. 1987,
2016: 1950 Reorg. Plan No. 21. §§ 204, 306, eff. May 24, 1950, 15
F.R. 317S, 64 Stat. 1276. 1277; Xov. 8, 1965, Pub. L. 89-346, §2, 79
Stat. 1306.)

— N O T E—

Excerpt from House Rkpt. 56S, 65th Coxc. 2d Sess. (1918)

Section 9 of the shipping act of September 7, 1916, makes
it 'uilawful, during a period of war or emergency, without
the approval of the Shipping Board, to sell to a foreigner
or tranfer to a foreign flag any vessel registered or licensed
and enrolled under the laws of the United States. The pres-
ent bill is designed to perfect and extend this provision, by
amendment and by the addition of further sections, to
supply defects and to meet practical difficulties of adminis-
tration which over a year's experience under the shipping
act has revealed. The new legislation is rendered necessary
by the dearth of tonnage created by the unrestricted subma-
rine warfare of the Imperial German Government. As a
consequence of this shortage there has been during the past
two years a systematic, determined, and resourceful effort
on the part of foreign financial interests to buy up and take
from under the American flag the vessels of the American
merchant marine. Prices have been tendered which before

[Emphasis supplied.]

359

the war would have seemed beyond the dreams of avarice.
Every type of vessel, from schooner to ocean liner, has been
coveted. Most American shipowners, to their great credit,
have resisted these tempting offers. Others have found their
efforts frustrated by the Shipping Board. A small minority
of shipowners, however, have attempted by every device
which legal ingenuity could suggest to evade the provisions
of the President's proclamation. It is to meet the efforts of
this small minority that the present bill has been drafted. It
is also designed to give to the Shipping Board a more com-
plete control over construction of vessels for foreign
account and purchase of American shipyards by foreigners.

46 U.S.C. 861. Puepose and policy of United States

It is necessary for the national defense and for the proper growth
of its foreign and domestic commerce that the United States shall
have a merchant marine of the best equipped and most suitable
types of vessels sufficient to carry the greater portion of its com-
merce and serve as a naval or military auxiliary in time of war or
national emergency, ultimately to be owned and operated privately
by citizens of the United States ; and it is declared to be the policy
of the United States to do whatever may be necessary to develop
and encourage the maintenance of such a merchant marine, and,
insofar as may not be inconsistent with the express provisions of
this act, the Federal Maritime Commission and the Secretary of
Commerce shall in the disposition of vessels and shipping property
as hereinafter provided, in the making of rules and regulations, and
in the administration of the shipping laws keep always in view this
purpose and object as the primary end to be attained. (June 5, 1920,
ch. 250, § 1, 41 Stat. 988; Ex. Ord. No. 6166, § 12, June 10, 1933;
June 29, 1936, ch. 858, §§ 204, 904, 49 Stat. 1987, 2016; 1950 Reorg.
Plan. No. 21, §§ 104, 204, 306, eff. May 24, 1950, 15 F.R. 3178, 64
Stat. 1274, 1276, 1277; 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26
F.R. 7315, 75 Stat. 840.)

—NOTE—

Excerpt from House Rept. 443, 66th Cong., 2d Sess. (1920)

The committee found that in order to establish regularity
in the future conduct of the numerous different shipping
activities, operated either by order of the President through
emergency legislation or by the original shipping act, it
would be necessary to concentrate all of these operations
under one authority, repealing such legislation rendered
unnecessary by the ending of the war and providing new
legislation for the operation and handling of the property
acquired. With this in view the bill (H.R. 10378) has for
effect, first, the repealing of the various bills containing leg-
islation in connection with the upbuilding of the merchant

[Emphasis supplied.]

360

marine, together with the bills containing the unusual
powers granted to the President, and which were essential
for successful operation during the war; and it transfers all
the powers necessary for its liquidation, construction, or
operation to the Shipping Board, fixing the scope of the
Shipping Board's powers so that they can absorb all of
these activities.

— N O T E —

Excerpt from Senate Reft. 573, 66th Cong., 2d Sess. (1920)

The Commerce Committee takes it for granted that every
patriotic citizen now wishes to see a merchant marine under
the American flag large enough to carry .the major part of
our own foreign trade and such part of the world's carry-
ing trade as may be commensurate with our wealth, power,
and standing among the nations of the world and that
whatever is necessary to bring that about they want done.
We need such a fleet, not only for our commercial growth
but for the Nation's defense in time of war and the stability
of domestic industry in time of peace.

46 U.S.C. 1132. Citizenship of officers and crew

(a) Vessels documented under laws of United States.

All licensed officers of vessels documented under the laws of the
United States, as now required by law, shall be citizens of the
United States, native-born or completely naturalized; and upon each
departure from the United States of a cargo vessel in respect of
which a. construction or operating subsidy has been granted all of ^
the crew (crew including all employees of the ship) shall be citizens
of the United States, native-born or completely naturalized.

(b) Passenger vessels granted subsidies.

For a period of one year after the effective date of this chapter
upon each departure from the United States of a passenger vessel in
respect of which a construction or operation subsidy has been
granted, all licensed officers shall be citizens of the United States as
defined above, and no less than 80 per centum of the crew (crew
including all employees of the ship other than officers) shall be citi-
zens of the United States, native-born or completely naturalized, and
thereafter the percentage of citizens, as above defined, shall be
increased 5 per centum per annum until 90 per centum of the entire
crew, including all licensed officers of any such vessel, shall be citi-
zens of the United States, native-born or completely naturalized.

Any member of the crew, not required by this section to be a citi-
zen of the United States, may be an alien only if he is in possession
of a valid declaration of intention to become a citizen of the United
.States, or other evidence of legal admission to the United States for
permanent residence. Sucli alien, as above defined, may be employed
only in the steward's department on passenger vessels.

361

(d) Filling vacancies while on foreign voyage.

If any such vessel (as above defined) while on a foreign voyage is
for any reason deprived of the services of any employee below the
grade of master, his place or a. vacancy caused by the promotion of
another to his place may be supplied by a person other than defined
in subsections (a) and (b) of this section, until the first return of
such vessel to a port in the United States.

(e) Penalty for violations.

The owner, agent, or officer of any such vessel who knowingly
employes any person in violation of the provisions of this chapter
shall, upon conviction thereof, be fined $50 for each person so
employed.

(f ) Enforcement; effective date; repeal of other laws.

This section shall be enforced by the Commandant of the Coast
Guard, for the purpose of carrying out the provisions of this sec-
tion, and shall take effect ninety days after June 29, 1936.

(g) Membership of officers in United States Naval Reserve.

All of the deck and engineer officers employed on vessels on which
an operating-differential subsidy is paid under authority of subchap-
ter VI of this chapter, or employed on the vessels of the Department
of Commerce, after one year after June 29, 1936, shall, if eligible, be
members of the United States Naval Reserve.

(h) Suspension of section during emergency.

During a national emergency as proclaimed by the President he
may, in his discretion, suspend any or all of the provisions of this
section. (June 29, 1936, ch. 858, §§ 302, 905(e), 49 Stat. 1992; 1946
Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097; 1950 Reorg. Plan No. 21, §§ 305, 306, eff. May 24, 1950,
15 F.R. 3178, 64 Stat. 1276, 1277; July 17, 1952, ch. 939, § 21, 66
Stat. 765.)

46 U.S.C. 1151. Subsidy authorized for vessels to be operated
in foreign trade

(a) Application for subsidy for construction; conditions precedent
to granting.

Any proposed ship purchaser who is a citizen of the United States
or any shipyard of the United States may make application to the
Secretary of Commerce for a construction-differential subsidy to aid
in the construction of a new vessel to be used in the foreign com-
merce of the United States. No such- application shall be approved
by the Secretary of Commerce unless he determines that (1) the
plans and specifications call for a new vessel which will meet the
requirements of the foreign commerce of the United States, will aid
in the promotion and development of such commerce, and be suitable
for use by the United States for national defense or military pur-
poses in time of war or national emergency; (2) if the applicant is
the proposed ship purchaser, the applicant possesses the ability,
experience, financial resources, and other qualifications necessary for
the operation and maintenance of the proposed new vessel, and (3)

[Emphasis supplied.]

362

the granting of the aid applied for is reasonably calculated to carry
out effectively the purposes and policy of this chapter. The contract
of sale, and the mortgage given to secure the payment of the unpaid
balance of the purchase price shall not restrict the lawful or proper
use or operation of the vessel except to the extent expressly required
by law. The Secretary of Commerce may give preferred considera-
tion to applications that will tend to reduce construction-differential
subsidies and that propose the construction of ships of higher trans-
port capability and productivity.

(b) Submission of plans to Navy Department; certification of
approval.

The Secretary of Commerce shall submit the plans and specifica-
tions for the proposed vessel to the Navy Department for examina-
tion thereof and suggestions for such changes therein as may be
deemed necessary or proper in order that such vessel shall be suita-
ble for economical and speedy conversion into a naval or military
auxiliary, or otherwise suitable for the use of the United States
Government in time of war or national emergency. If the Secretary
of the Navy approves such plans and specifications as submitted, or
as modified, in accordance with the provisions of this subsection, he
shall certify such approval to the Secretary of Commerce.

Any citizen of the United States or any shipyard of the United
States may make application to the Secretary of Commerce for a
construction-differential subsidy to aid in reconstructing or recondi-
tioning any vessel that is to be used in the foreign commerce of the
United States. If the Secretary of Commerce in the exercise of his
discretion, shall determine that the granting of the financial aid
applied for is reasonably calculated to carry out effectively the pur-
poses and policy of this chapter, the Secretary of Commerce may
approve such application and enter into a contract or contracts with
the applicant therefor providing for the payment by the United
States of a construction-differential subsidy that is to be ascertained,
determined, controlled, granted, and paid, subject to all the applica-
ble conditions and limitations of this subchapter and under such
further conditions and limitations as may be prescribed in the rules
and regulations the Secretary of Commerce has adopted as pro-
vided in section 1114(b) of this title; but the financial aid author-
ized by this subsection shall be extended to reconstruction or recon-
ditioning only in exceptional cases and after a thorough study and a
formal determination by the Secretary of Commerce that the
proposed reconstruction or reconditioning is consistent with the pur-
poses and policy of this chapter. (June 29, 1936, ch. 858, §§ 501,
905(e), 49 Stat. 1995; June 23, 1938, ch. 600, § 8, 52 Stat. 955*; 1950
Reorg. Plan No. 21, %% 105(1), 306, eff. May 24, 1950, 15 F.R. 3178,
64 Stat. 1274, 1275, 1277; July 17, 1952, ch. 939, §§ 1, 2, 21, 66 Stat.
760, 765; 1961 Kcorg. Plan No. 7, en*. Aug. 12. 1961, 26 F.R 7315, 75
Stat. 840; Oct. 21, 1970, Pub. L. 91-169, §§6, 35(a), (c), (d), 84 Stat.
1019, 1035; Dec. 31, 1970, Pub. L. 91-603, § 4(a), 84 Stat. 1675.)

[Emphasis supplied.]

363

—NOTE—

Excerpt from House Reft. 2221, 82d Cong., 2d Sess. (1952)
purpose of the bill

The purpose of this bill is to implement the Merchant
Marine Act of 1936, and, thereby, to strengthen its effec-
tiveness to carry out the purposes and policies expressed
therein for the needs of the national defense and the pro-
motion of the foreign and domestic commerce of the United
States.

The Merchant Marine Act of 1936 provided the basis for
the development of an American merchant marine, pri-
vately owned and operated by the citizens of the United
States, to promote the commerce of the United States and
which would be available as auxiliary to the Armed Forces
in time of war or national emergency. The establishment of
such a merchant marine permits the maintenance and
advancement of the know-how necessary for the construc-
tion of modern ships and their operation so that there
might be always available a force in being in the event of
a tragic need such as has arisen twice in the past generation
in World Wars I and II.

Under the American system of free enterprise, constant
effort is made to avoid Government aid to specific indus-
tries. The need for an adequate and well-balanced merchant
marine being well recognized, however, in these troubled
times it has been essential to foster and bolster such a mer-
chant marine with Government aid where necessary. Due to
existing economic conditions in the other maritime nations
it is essential to provide some form of Government assist-
ance which will aid in offsetting the unequal advantage held
by competitor nations with their lower standards.

*******

The first principal point of this bill provides for amend-
ment to the Merchant Marine Act of 1936 so as to allow
operators to receive the advantage of construction-differen-
tial subsidy irrespective of whether they also receive an
operating subsidy. Your committee believes that by enact-
ment of this provision, a significant stride will be made in
achieving the balanced merchant marine contemplated
under the basic act.

46 U.S.C. 1161. Reserve funds for construction or acquisition
of vessels; taxation

(a) "New vessel" defined.

When used in this section the term "new vessel" means any Vessel
(1) documented or agreed with the Secretary of Commerce to be

[Emphasis supplied.]

364

documented under the laws of the United States; (2) construction in
the United States after December 31, 1939, or the construction of
which has been financed under subchapters V or VII of this chapter,
or the construction of which has been aided by a mortgage insured
under subchapter XI of this chapter; and (3) either (A) of such
type, size, and speed as the Secretary shall determine to be suitable
for use on the high seas or Great Lakes in carrying out the purposes
of this chapter, but not of less than two thousand gross tons or of
less speed than twelve knots, unless the Secretary shall determine
and certify in each case that a vessel of a specified lesser tonnage or
speed is desirable for use by the United States in case of war or
national emergency, or (R) constructed to replace a vessel or vessels
requisitioned or purchased by the United States.

(b) Establishment of construction reserve funds.

For the purposes of promoting the construction, reconstruction,
reconditioning, or acquisition of vessels, or for other purposes
authorized in this section, necessary to carrying out the policy set
forth in section 1101 of this title, any citizen of the United States
who is operating a vessel or vessels in the foreign or domestic com-
merce of the United States or in the fisheries or owns in whole or in
part a vessel or vessels being so operated, or who, at the time of pur-
chase or requisition of the vessel by the Government, was operating
a vessel or vessels so engaged or owned in whole or in part a vessel
or vessels being so operated or had acquired or was having con-
structed a vessel or vessels for the purpose of operation in such com-
merce or in the fisheries, may establish a construction reserve fund,
for the construction, reconstruction, reconditioning, or acquisition of
new vessels, or for other purposes authorized in this section, to be
composed of deposits of proceeds from sales of vessels, indemnities
on account of losses of vessels, earnings from the operation of ves-
sels documented under the laws of the United States and from serv-
ices incident thereto, and receipts, in the form of interest or other-
wise, with respect to amounts previously deposited. Such
construction reserve fund shall be established, maintained, expended,
and used in accordance with the provisions of this section and rules
or regulations to be prescribed jointly by the Secretary of Commerce
and the Secretary of the Treasury.

*******

46 U.S.C. 1202. Insurance requirements; repairs; inspection by
Secretary; termination of charter in national emergency

Every charter shall provide —

(a) That the charterer shall carry on the chartered vessels, at his
own expense, policies of insurance covering all marine and port
risks, protection and indemnity risks, and all other hazards and lia-
bilities, in such amounts, in such form, and in such insurance compa-
nies as the Secretary of Commerce shall require and approve, ade-

[ Emphasis supplied.]

365

quate to cover all damages claimed against and losses sustained by
the chartered vessels arising during the life of the charter: Pro-
vided, That in accordance with existing law, some or all of such
insurance risks may be underwritten by the Secretary himself as in
his discretion he may determine.

(b) That the charterer shall at its own expense keep the chartered
vessel in good state of repair and in efficient operating condition and
shall at its own expense make any and all repairs as may be
required by the Secretary of Commerce.

(c) That the Secretary of Commerce shall have the right to
inspect the vessel at any and all times to ascertain its condition.

(d) That whenever the President shall proclaim that the security
of the national defense makes it advisable, or during any national
emergency declared by proclamation of the President, the Secretary
of Commerce may terminate the charter without cost to the United
States, upon such notice to the charterers as the President shall
determine. (June 29, 1936, ch. 858, §712, 905(e), 49 Stat. 2010;
Aug. 7, 1939, ch. 555, § 1, 53 Stat, 1254; 1950 Reorg. Plan No. 21,
§§ 204. 306, etf. May 24. 1950, 15 F.R. 3178, 64 Stat. 1276, 1277; July
17. 1952, ch. 939, § 21, 66 Stat. 765.)

46 TJ.S.C. 1241. Transportation- in American vessels of Govern-
ment PERSONNEL AND CERTAIN CARGOES

(a) Requirement that officers and employees travel on American
ships.

Any officer or employee of the United States traveling on official
business overseas or to or from any of the possessions of the United
States shall travel and transport his personal effects on ships regis-
tered under the laws of the United States where such ships are
available unless the necessity of his mission requires the use of a
ship under a foreign flag : Provided. That the Comptroller General
of the United States shall not credit any allowance for travel or
shipping expenses incurred on a foreign ship in the absence of satis-
factory proof of the necessity therefor.

(b) Cargoes procured, furnished or financed by United States;
waiver in emergencies ; exceptions ; definition.

(1) Whenever the United States shall procure, contract for, or
otherwise obtain for its own account, or shall furnish to or for the
account of any foreign nation without provision for reimbursement,
any equipment, materials, or commodities, within or without the
United States, or shall advance funds or credits or guarantee the
convertibility of foreign currencies in connection with the furnish-
ing of such equipment, materials, or commodities, the appropriate
agency or agencies shall take such steps as may be necessary and
practicable to assure that at least 50 per centum of the gross tonnage
of such equipment, materials or commodities (computed separately
for dry bulk carriers, dry cargo liners, and tankers), which may be

[Emphasis supplied.]

366

transported on ocean vessels shall be transported on privately owned
United States-flag commercial vessels, to the extent such vessels are
available at fair and reasonable rates for United States-flag commer-
cial vessels, in such manner as will insure a fair and reasonable par-
ticipation of United States-flag commercial vessels m su ch cargoes
by geographic areas: Provided, That the provisions of this subsec-
tion may be waived whenever the Congress by concurrent resolution
or otherwise, or the President of the United States or the Secretary
of Defense declares that an emergency exists justifying a temporary
waiver of the provisions of this paragraph and so notifies the appro-
priate agency or agencies: And provided further, That the provi-
sions of this subsection shall not apply to cargoes carried in the ves-
sels of the Panama Canal Company. Nothing herein shall repeal or
otherwise modify the provisions of section 616a of Title 15. For pur-
poses of this section, the term "privately owned United States-flag
commercial vessels" shall not be deemed to include any vessel which,
subsequent to September 21, 1961, shall have been either (a) built
outside the United States, (b) rebuilt outside the United States, or
(c) documented under any foreign registry, until such vessel shall
have been documented under the laws of the United States for a
period of three years: Provided, however, That the provisions of
this amendment shall not apply where, (1) prior to September 21,
1961, the owner of a vessel, or contractor for the purchase of a
vessel, originally constructed in the United States and rebuilt abroad
or contracted to be rebuilt abroad, has notified the Maritime Admin-
istration in writing of its intent to document such vessel under
United States registry, and such vessel is so documented on its first
arrival at a United States port not later than one year subsequent to
September 21, 1961, or (2) where prior to September 21, 1961, the
owner of a vessel under United States registry has made a contract
for the rebuilding abroad of such vessel and has notified the Mari-
time Administration of such contract, and such rebuilding is com-
pleted and such vessel is thereafter documented under United States
registry on its first arrival at a United States port not later than
one year subsequent to September 21, 1961.

(2) Every department or agency having responsibility under this
subsection shall administer its programs with respect to this subsec-
tion under regulations issued by the Secretary of Commerce. The
Secretary of Commerce shall review such administration and shall
annually report to the Congress with respect thereto.

Notwithstanding any other provision of law, privately owned
American shipping services may be utilized for the transportation of
motor vehicles owned by Government personnel whenever transpor-
tation of such vehicles at Government expense is otherwise author-
ized by law. (June 29, 1936, ch. 858, § 901, 49 Stat. 2015; Aug. 26,
1954, "ch. 936, 68 Stat. 832; May 28, 1956, ch. 325, 70 Stat. 187;
Sept. 21, 1961, Pub. L. 87-266, 75 Stat 565; Oct. 21, 1970,
Pub. L. 91^69, § 27, 84 Stat. 1034.)

[Enipha-sis supplied.]

367

46 XJ.S.C. 1242. Requisition or purchase of vessels in time

OF EMERGENCY

(a) Compensation; restoration; consequential damages.
Whenever the President shall •proclaim that the security of the

national defense makes it advisable or during any national emer-
gency declared by proclamation of the President, it shall be lawful
for the Secretary of Commerce to requisition or purchase any vessel
or other watercraft owned by citizens of the United States, or under
construction within the United States, or for any period during such
emergency, to requisition or charter the use of any such property.
The termination of any emergency so declared shall be announced
by a further proclamation by the President. When any such prop-
erty or the use thereof is so requisitioned, the owner thereof shall be
paid just compensation for the property taken or for the use of such
property, but in no case shall the value of the property taken or
used be deemed enhanced by the causes necessitating the taking or
use. If any property is taken and used under authority of this sec-
tion, but the ownership thereof is not required by the United States,
such property shall be restored to the owner in a condition at least
as good as when taken, less ordinary wear and tear, or the owner
shall be paid an amount for reconditioning sufficient to place the
property in such condition. The owner shall not be paid for any con-
sequential damages arising from a, taking or use of property under
authority of this section.

(b) Determination of value of vessel.

When any vessel is taken or used under authority of this section,
upon which vessel a construction-differential subsidy has been
allowed and paid, the value of the vessel at the time of its taking
shall be determined as provided in section 1212 of this title, and in
determining the value of any vessel taken or used, on which a con-
struction-differential subsidy has not been paid, the value of any
national defense features previously paid for by the United States
shall be excluded.

If any property is taken and used under authority of this section,
but the ownership thereof is not required by the United States, the
Secretary of Commerce, at the time of the taking or as soon there-
after as the exigencies of the situation may permit, shall transmit to
the person entitled to the possession of such property a charter set-
ting forth the terms which, in the Secretary's judgment, should
govern the relationships between the United States and such person
and a statement of the rate of hire which, in the Secretary's judg-
ment, will be just compensation for the use of such property and for
the services required under the terms of such charter. If such person
does not execute and deliver such charter and accept such rate of
hire, the Secretary shall pay to such person as a tentative advance
only, on account of such just compensation a sum equal to 75 per
centum of such rate of hire as the same may from time to time be

[Emphasis supplied.]

368

due under the terms of the charter so tendered, and such person
shall be entitled to sue the United States in a court having jurisdic-
tion of such claims to recover such amounts as would be equal to
just compensation for the use of the property and for the services
required in connection with such use: Provided, however, I hat in
the event of an election by such person to reject the rate ot hire
fixed by the Secretary and to sue in the courts, the excess of any
amounts advanced on 'account of just compensation over the amount
of the court judgment will be required to be refunded. In the event
of loss or damage to such property, due to operation of a risk
assumed by the United States under the terms of a charter pre-
scribed in "this subsection, but no valuation of such vessel or other
property or mode of compensation has been agreed to, the United
States shall pay just compensation for such loss or damage, to the
extent the person entitled thereto is not reimbursed therefor through
policies of insurance against such loss or damage.

(d) Determination of amount of compensation.

In all cases, the just compensation authorized by this section shall
be determined and paid by the Secretary of Commerce as soon as
practicable, but if the amount of just compensation determined by
the Secretary is unsatisfactory to the person entitled thereto; such
person shall be paid, as a tentative advance only, 75 per centum of
the amount so determined and shall be entitled to sue the United
States to recover such amount as would equal just compensation
therefor, in the manner provided for by sections 41(20) and 250 of
Title 28: Provided, however. That in that event of an election to
reject the amount determined by the Secretary and to sue in the
courts, the excess of any amounts advanced on account of just com-
pensation over the amount of the court judgment will be required to
be refunded.

The existence of any valid claim by way of mortgage or maritime
claim or attachment lien upon such vessel shall not prevent the
taking thereof pursuant to this section : Provided, however, That in
the event any such claim exists the Secretary of Commerce may in
his discretion deposit such portion of the compensation hereunder,
or advances on account thereof, as may equal but not exceed the
amount of such claims in respect of the vessel, with the Treasurer of
the United States, and the fund so deposited shall be available for
the payment of such compensation, and shall be subject to be
applied to tho payment of the amount of any valid claim by way of
mortgage or maritime lien or attachment lien upon such vessel, or of
any stipulation therefor in a court of the United States, or of any
State, subsisting at the time of such requisition or taking of title or
possession ; the holder of any such claim may commence prior to
June 30, 194.1, or within six months after the first such deposit with
the Treasurer and publication of notice thereof in the Federal Reg-
ister, whichever date-is later, and maintain in the United States dis-
trict court from whose custody such vessel has been or may be taken
or in whose territorial jurisdiction the vessel was lying at the time
of requisitioning or taking of title or possession, a suit in admiralty
according to the principles of libels in rem against the fund, which
shall proceed and be heard and determined according to the princi-
ples of law and to the rules of practice obtaining in like cases

369

between private parties, and any decree in said suit shall be paid out
of the first and all subsequent deposits of compensation; and such
suit shall be commenced in the manner provided by section 742 of
this title and service of process shall be made in the manner therein
provided by service upon the United States attorney and by mailing
by registered mail to the Attorney General and the Secretary of
Commerce and due notice shall under order of the court be given to
all interested persons, and any decree shall be subject to appeal and
revision as now provided in other cases of admiralty and maritime
jurisdiction.

(e) Use of vessels by Secretary; transfer to other departments or
agencies; reimbursement of Secretary.

The Secretary of Commerce is authorized to repair, recondition,
reconstruct, and operate, or charter for operation, any property
acquired under authority of this section. The Secretary is further
authorized to transfer the possession or control of any such property
to any department or agency of the Government of the United
States upon such terms and conditions as may be approved by the
President. In case of any such transfer the department or agency £o
which the transfer is made shall promptly reimburse the Secretary
for expenditures of the Department of Commerce on account of just
compensation, purchase price, repairs, reconditioning, reconstruction,
or charter hire for the property transferred. Such reimbursements
shall be deposited in the construction fund established by section
1116 of this title. (June 29, 1936, ch. 858, §§902, 905(e), 49 Stat.
2015 ; Aug. 7, 1939, ch. 555, § 3, 53 Stat. 1255 ; Mar. 24, 1943, ch. 26,
§3(d), 57 Stat. 49; 1950 Reorg. Plan No. 21, §§204, 306, eff.
May 24, 1950, 15 F.R. 3178, 64 Stat. 1276, 1277; July 17, 1952, ch. 939,
§ 21, 66 Stat. 765 ; Aug. 3, 1956, ch. 929, §§ 2, 3, 70 Stat. 985.)

46 U.S.C. 1294. Expiration of authority to provide insurance

The authority of the Secretary to provide insurance and reinsur-
ance under this subchapter shall expire September 7, 1975. (June 29,
1936, ch. 858, § 1214, as added Sept. 7, 1950, ch. 906, 64 Stat. 777,
and amended Aug. 3, 1955, ch. 492, 69 Stat. 440; July 31, 1959,
Pub. L. 86-20, 73 Stat. 266; July 27, 1965, Pub. L. 89-89, 79 Stat. 264
Oct. 21, 1970, Pub. L. 91^69, § 34, 84 Stat. 1035.)

— N 0 T E —

Excerpt from Senate Kept. 1828, 81st Cong., 2d Sess. (1950)

This is standby legislation to authorize the Secretary of
Commerce only with the approval of the President to provide
war risk and certain marine and liability insurance.

46 U.S.C. 1402. Application for subsidy; conditions

Any citizen of the United States may apply to the Secretary for a
construction subsidy to aid in construction of a new fishing vessel in
accordance with this chapter. Any citizen of the United States may

370

apply to the Secretary for a construction subsidy to aid in the
remodeling of any vessel in accordance with this chapter. No such
application shall be approved by the Secretary unless he determined
that (1) the plans and specifications for the fishing vessel are suita-
ble for use in the fishery in which that vessel will operate and suita-
ble in the case of a new fishing vessel and, when appropriate, a
remodeled vessel, for use by the United States for National Defense
or military purposes in time of war or National emergency, (2) that
the applicant possesses the ability, experience, resources, and other
qualifications necessary to enable him to operate and maintain the
proposed fishing vessel, (3) will aid in the development of the
United States fisheries under conditions that the Secretary considers
to be in the public interests, (4) that the vessel, except under force
majeure will deliver its full catch to a port of the United States, (5)
that the applicant will employ on the vessel only citizens of- the
United States or aliens legally domiciled in the United States, (6)
the vessel will be documented under the laws of the United States,
(7) the vessel will be modern in design and equipment, be capable,
when appropriate, to operate in expanded areas, and will not oper-
ate in a fishery if such operation would cause economic hardship to
operators of efficient vessels already operating in that fishery unless
such vessel will replace a vessel of the applicant operating in the
same fishery during the twenty-four-month period immediately pre-
ceding the date an application is filed by the applicant, and having
a comparable fishing capacity of the replacement vessel, and (8)
such other conditions as the Secretary may consider to be in the
public interest. (Pub. L. 86-516, § 2, June 12, 1960, 74 Stat. 212:
Pub. L. 88-498, § 2(2), Aug. 30, 1964, 78 Stat. 614: Pub. L.
91-279, § 1, June 12, 1970, 84 Stat. 307.)

— N O T E—

Excerpt from House Kept. 770, 86th Cong., 2d Sess. (1960)
summary op departmental recommendations
The Department of the Interior in reporting on the origi-
nal bill pointed out that there was a reluctance on the part
ot operators to purchase new vessels, largely because of the
high construction costs. In the course of the testimony bv
officials of the Department of the Interior, the depressed
condition of the New England fishery was emphasized and
the need tor new fishing vessels was clearly set forth. How-
ever the Department in its report suggested that in lieu of
a subsidy the vessel owners be authorized to construct their
vessels abroad. The committee is firmly of the opinion that
this is worse than no remedy at all in that it proposes to
cure the ills of an industry beset by foreign competition by
authorizing unlimited foreign competition with another
domestic industry— the shipyards. The necessity for main-
taining shipyards m operating condition and good financial
health in the United States has been amply demonstrated in
(Emphasis supplied.]

371

both World War I and World War II. In both of these,
the small boatyards capable of constructing fishing vessels
did yeoman service in the construction of minesweepers and
other auxiliary vessels for defense, and it is inconceivable
that they be condemned to extinction for the benefit of one
segment of the fishing industry.

It is submitted that the bill herein reported accomplishes
the purpose of protecting the shipbuilding industry and at
the same time offers a measure of relief to the victims of
our national tariff policy. However, in view of the fact that
subsidization of fishing vessels represents a complete depar-
ture from prior practices in the field, the committee was of
the opinion that the operation of the bill should be limited
to 3 years so that a further examination of its effectiveness
could be made in the future.

This bill will make no changes in existing law.

46 U.S.C. 1406. Supervision of construction; submission op
plans to Secretary of Defense

Any fishing vessel for which a construction subsidy is paid under
this chapter shall be constructed under the supervision of the Mari-
time Administrator. The Maritime Administrator shall submit the
plans and specifications for the proposed vessel to the Department
of Defense for examination thereof and suggestions for such changes
therein as may be deemed necessary or proper in order that such
vessel shall be suitable for economical and speedy conversion into a
naval or military auxiliary or otherwise suitable for the use of the
United States Government in time of war or national emergency. If
the Secretary of Defense approves such plans and specifications as
submitted, or as modified, in accordance with the provisions of this
subsection, he shall certify such approval to the Administrator. No
construction subsidy shall be paid by the Secretary under this chap-
ter unless all contracts between the applicant for such subsidy and
the shipbuilder who is to construct such vessel contain such provi-
sions with respect to the construction of the vessel as the Maritime
Administrator determines necessary to protect the interests of the
United States. (Pub. L. 86-516, § 6, June 12, 1960, 74 Stat. 213.)

[See 46 U.S.C. 1402 (House Kept. 770) . Supra.}

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

47 U.S.C. 308. Same; application; conditions and restriction's
in license for foreign communication

(a) The Commission may grant construction permits and station
licenses, or modifications or renewals thereof, only upon written
application therefor received by it: Provided, That (1) in cases of

[Emphasis supplied.}

372

emergency found by the Commission involving danger to life or
property or due to damage to equipment, or (2) during a national
emergency proclaimed by the President or declared by the Congress
and during the continuance of any war in which the United States
is engaged and when such action is necessary for the national
defense or security, or otherwise in furtherance of the war effort, or
(3) in cases of emergency where the Commission finds, in the non-
broadcast services, that it would not be feasible to secure renewal
applications from existing licensees or otherwise to follow normal
licensing procedure, the Commission may grant construction permits
and station licenses, or modifications or renewals thereof, during the
emergency so found by the Commission or during the continuance of
any such national emergency or war, in such manner and upon such
terms and conditions as the Commission shall by regulation pre-
scribe, and without the filing of a formal application, but no author-
ization so granted shall continue in effect beyond the period of the
emergency or war requiring it: Provided further, That the Com-
mission may issue by cable, telegraph, or radio a permit for the
operation of a station on a vessel of the United States at sea, effec-
tive in lieu of a license until said vessel shall return to a port of the
continental United States.

(b) All applications for station licenses, or modifications or
renewals thereof, shall set forth such facts as the Commission by
regulation may prescribe as to the citizenship, character, and finan-
cial, technical, and other qualifications of the applicant to operate
the station; the ownership and location of the proposed station and
of the stations, if any, with which it is proposed to communicate;
the frequencies and the power desired to be used; the hours of the
day or other periods of time during which it is proposed to operate
the station; the purposes for which the station is to be used; and
such other information as it may require. The Commission, at any
time after the filing of such original application and during the
term of any such license, jnay require from an applicant or licensee
further written statements of fact to enable it to determine whether
such original application should be granted or denied or such license
revoked Such application and/or such statement of fact shall be
signed by the applicant and/or licensee.

; /C)^he Commission '» rantinS »n.V license for a station
intended or used for commercial communication between the United
btates or any Territory or possession, continental or insular, subject
to the jurisdiction of the United States, and any foreign coun try,
may jmpose any terms, conditions, or restrictions authorized to be
imposed with respect to submarine-cable licenses by section 35 of
eh" 879e-8(fiT« «J l93^Ch- f52' § 3°8' 48 Stat- 108^ July 16,T05o;
Stat 630 § Pr" 27' 1%2' Pub- ^ 87"444' § 3' 76

— N O T E—

Excerpt fkom House Kept. 1850, 73d Cong., 2d Sess. (1934)

S^fitijnu08TiST?OIi^d from section 10 of the R^io Act as
modified by H.R. 7716, which adds the requirement that

[Emphasis supplied.)

373

modifications and renewals of licenses may be granted only
upon written application. This is the present practice of the
Radio Commission. The two provisos permit the Commis-
sion to issue temporary licenses in cases of emergency.
* * * * * * *

Section 310 (a) (5) seeks to insure the American charac-
ter of holding companies whose subsidiaries operate under
radio licenses granted by the Commission. The provision
has been made effective after June 1, 1935, in order to give
the companies affected an opportunity to bring their organi-
zations into harmony with the provisions of the paragraph.
Whatever apparent objection there might be to one fourth
foreign ownership from the standpoint of war or emergency
leading to war, becomes less important when it is remem-
bered that the President has full power to seize all radio
stations in the United States in case of war or threat of
war.

47 U.S.C. 606. War powers of President

(a) During the continuance of a war in tchich the United States
is engaged, the President is authorized, if he finds it necessary for
the national defense and security, to direct that such communica-
tions as in his judgment may be essential to the national defense and
security shall have preference or priority with any carrier subject to
this chapter. He may give these directions at and for such times as
he may determine, and may modify, change, suspend, or annul them
and for any such purpose he is authorized to issue orders directly, or
through such person or persons as he designates for the purpose, or
through the Commission. Any carrier complying with any such
order or direction for preference or priority herein authorized shall
be exempt from any and all provisions in existing law imposing
civil or criminal penalties, obligations, or liabilities upon carriers by
reason of giving preference or priority in compliance with such
order or direction.

(b) It shall be unlawful for any person during any war in which
the United States is engaged to knowingly or willfully, by physical
force or intimidation by threats of physical force, obstruct or retard
or aid in obstructing or retarding interstate or foreign communica-
tion by radio or wire. The President is authorized, whenever in his
judgment the public interest requires, to employ the armed forces of
the United States to prevent any such obstruction or retardation of
communication : Provided, That nothing in this section shall be con-
strued to repeal, modify, or affect either section 17 of Title 15 or
section 52 of Title 29.

(c) Upon proclamation by the President that there exists war or a
threat of war, or a state of public peril or disaster or other national
emergency, or in order to preserve the neutrality of the United
States, the President, if he deems it necessary in the interest nf
national security or defense, may suspend or amend, for such time as

[Emphasis supplied.]

374

he may see fit, the rules and regulations applicable to any or all sta-
tions or devices capable of emitting electromagnetic radiations
within the jurisdiction of the United States as prescribed by the
Commission and may cause the closing of any station for radio
communication, or any device capable of emitting electromagnetic
radiations between If) kilocycles and 100,000 megacycles, which is
suitable for use as a navigational aid beyond five miles, and the
removal therefrom of its apparatus and equipment, or he may
authorize the use or control of any such station or device and/or its
apparatus and equipment, by any department of the (jovernment
under such regulations as he may prescribe upon ]ust compensation
to the owners. The authority granted to the President, under this
subsection, to cause the closing of any station or device and the
removal therefrom of its apparatus and equipment, or to authorize
the use or control of any station or device and/or its apparatus and
equipment, may be exercised in the Canal Zone.

(d) Upon proclamation by the President that there exists a state
or threat of war involving the United States, the President, if he
deems it necessary in the interest of the national security and
defense, may, during a period ending not later than six months after
the termination of such state or threat of war and not later than
such earlier date as the Congress by concurrent resolution may des-
ignate, (1) suspend or amend the rules and regulations applicable to
any or all facilities or stations for wire communication within the
jurisdiction of the United States as prescribed by the Commission,

(2) cause the closing of any facility or station for wire communica-
tion and the removal therefrom of its apparatus and equipment, or

(3) authorize the use or control of any such facility or station and
its apparatus and equipment by any department of the Government
under such regulations as he may prescribe, upon just compensation
to the owners.

(e) The President shall ascertain the just compensation for such
use or control and certify the amount ascertained to Congress for
appropriation and payment to the person entitled thereto. If the
amount so certified is unsatisfactory to the person entitled thereto,
such person shall be paid only 75 per centum of the amount and
shall be entitled to sue the United States to recover such further
sum as added to such payment of 75 per centum will make such
amount as will be just compensation for the use and control. Such
suit shall be brought in the manner provided by paragraph 20 of
section 41 of Title 28, or by section 250 of Title 28.

(f) Nothing in subsection (c) or (d) of this section shall be con-
strued to amend, repeal, impair, or affect existing laws or powers of
the States in relation to taxation or the lawful police regulations of
the several States, except wherein such laws, powers, or regulations
may affect the transmission of Government communications or the
issue of stocks and bonds by any communication system or svstems.

(g) Nothing in subsection (c) or (d) of this section shall be con-
strued to authorize the President to make any amendment to the
rules and regulations of the Commission which the Commission
would not be authorized by law to make; and nothing in subsection

[Emphasis supplied.]

375

(d) of this section shall be construed to authorize the President to
take any action the force and effect of which shall continue beyond
the date after which taking of such action would not have been
authorized.

(h) Any person who willfully does or causes or suffers to be done
any act prohibited pursuant to the exercise of the President's
authority under this section, or who willfully fails to do anv act
which he is required to do pursuant to the exercise of the President's
authority under this section, or who willfully causes or suffers such
failure, shall, upon conviction thereof, be punished for such offense
by a fine of not more than $1,000 or by imprisonment for not more
than one year, or both, and, if a firm, partnership, association, or
corporation, by fine of not more than $5,000, except that any person
who commits such an offense with intent to injure the United States,
or with intent to secure an advantage to any foreign nation, shall,
upon conviction thereof, be punished by a fine of not more than
$20,000 or by imprisonment for not more than 20 years, or both.
(June 19, 1934, ch. 652, § 606, 48 Stat. 1104; Jan. 26, 1942, ch. 18,
§§ 1, 2, 56 Stat. 18 ; Dec. 29, 1942, ch. 836, 56 Stat. 1096 ; July 25, 1947,
ch. 327, § 1, 61 Stat. 449 ; Oct. 24, 1951, ch. 553, §§ 1, 2, 65 Stat.
611.)

— N O T E —

Excerpt from House Rept. 1886, 73d Cong., 2d Sess. (1934)

Section 606 gives the President power over wire and
radio communications in time of war, and provides for the
payment of just compensation for facilities taken over by
him. The section also makes it unlawful in time of war to
obstruct or retard interstate or foreign radio communi-
cation. It is adapted from sections 6 and 7 of the Radio
Act, and the war powers granted by act of Congress of
August 10, 1917 (40 Stat. 272).

Title 49 — Transportation

49 U.S.C. 1. Regulation in general ; car service ; alteration of line
(1) Carriers subject to regulation.

The provisions of this chapter shall apply to common carriers
engaged in —

(a) The transportation of passengers or property wholly by rail-
road, or partly by railroad and partly by water when both are used
under a common control, management, or arrangement for a contin-
uous carriage or shipment; or

(b) The transportation, of oil or other commodity, except water
and except natural or artificial gas, by pipe line, or partly by pipe
line and partly by railroad or by water —

TEmpbasis supplied.]

376

Trcm one State or Territory of the United States or the ^District
of Columbia, to any other State or Territory of the United States
or the District of Columbia, or from one place in a Territory to
another place in the same Territory or from an} place ^ in the
United States through a foreign country to any other place in ^the
United States, or from or to any place in the United States to or
from a foreign country, but only insofar as such transportation or
transmission takes place within the United States.

(2) Transportation subject to regulation.

The provisions of this chapter shall also apply to such transporta-
tion of passengers and property, but only insofar as such transporta-
tion takes place within the United States, but shall not apply—

(a) To the transportation of passengers or property, or to the
receiving, delivering, storage, or handling of property, wholly
within one State and not shipped to or from a foreign country from
or to any place in the United States as aforesaid, except as other-
wise provided in this chapter ;

(b) Eepealed. June 19, 1934, ch. 652, Title VI, § 602 (b), 48 Stat.
1102.

(c) To the transportation of passengers or property by a carrier
by water where such transportation would not be subject to the pro-
visions of this chapter except for the fact that such carrier absorbs,
out of its port-to-port water rates or out of its proportional through
rates, any switching, terminal, lighterage, car rental, trackage, han-
dling, or other charges by a rail carrier for services within the
switching, drayage, lighterage, or corporate limits of a port terminal
or district.

(3) Definitions.

(a) The term "common carrier" as used in this chapter shall
include all pipe-line companies; express companies; sleeping-car
companies; and all persons, natural or artificial, engaged in such
transportation as aforesaid as common carriers for hire. Wherever
the word "carrier" is used in this chapter it shall be held to mean
"common carrier." The term "railroad" as used in this chapter shall
include all bridges, car floats, lighters, and ferries used by or oper-
ated in connection with any railroad, and also all the road in use by
any common carrier operating a railroad, whether owned or oper-
ated under a contract, agreement, or lease, and also all switches,
spurs, tracks, terminals, and terminal facilities of every kind used or
necessary in the transportation of the persons or property desig-
nated herein, including all freight depots, yards, and grounds, used
or necessary in the transportation or delivery of any such property.
The tenn "transportation" as used in this chapter shall include loco-
motives, cars, and other vehicles, vessels, and all instrumentalities
and facilities of shipment or carriage, irrespective of ownership or
of any contract, express or implied, for the use thereof, and all serv-
ices in connection with the receipt, delivery, elevation, and transfer
in transit, ventilation, refrigeration or icing, storage, and handling
of property transported. The term "person" as used in this chapter
includes an individual, firm, copartnership, corporation, company,

377

association, or joint-stock association; and includes a trustee,
receiver, assignee, or personal representative thereof.

(b) For the purposes of sections 5, 12 (1), 20, 304 (a) (7), 310,
320, 904 (b), 910, and 913 of this title, where reference is made to
control (in refering to a relationship between any person or persons
and another person or persons) , such reference shall be construed to
include actual as well as legal control, whether maintained or exer-
cised through or by reason of the method of or circumstances sur-
rounding organization or operation, through or by common direc-
tors, officers, or stockholders, a voting trust or trusts, a holding or
investment company or companies, or through or by any other direct
or indirect means; and to include the power to exercise control.
*******

(7) Free transportation for passengers prohibited; exceptions;
penalty.

No common carrier subject to the provisions of this chapter, shall,
directly or indirectly, issue or give any interstate free ticket, free
pass, or free transportation for passengers, except to its employees,
its officers, time inspectors, surgeons, physicians, and attorneys at
law, and the families of any of the foregoing; to the executive
officers, general chairmen, and counsel of employees' organizations
when such organizations are authorized and designated to represent
employees in accordance with the provisions of the Railway Labor
Act ; to ministers of religion, traveling secretaries of railroad Young
Men's Christian Associations, inmates of hospitals and charitable
and eleemosynary institutions, and persons exclusively engaged in
charitable and eleemosynary work; to indigent, destitute and home-
less persons, and to such persons when transported by charitable
societies or hospitals, and the necessary agents employed in such
transportation; to inmates of the National Homes or State Homes
for Disabled Volunteer Soldiers, and of Soldiers' and Sailors'
Homes, including those about to enter and those returning home
after discharge; to necessary caretakers of livestock, poultry, milk,
and fruit; to employees on sleeping cars, express cars, and to line-
men of telegraph and telephone companies; to railway mail-service
employees and persons in charge of the mails when on duty and
traveling to and from duty, and all duly accredited agents and
officers of the Post Office Department and the Railway Mail Service
and post-office inspectors while traveling on official business, upon
the exhibition of their credentials; to customs inspectors, and immi-
gration officers; to newsboys on trains, baggage agents, witnesses
attending any legal investigation in which the common carrier is
interested, persons injured in wrecks and physicians and nurses
attending such persons: Provided, That this provision shall not be
construed to prohibit the interchange of passes for the officers,
agents, and employees of common carriers, and their families ; nor to
prohibit any common carrier from carrying passengers free with the
object of providing relief in cases of general epidemic, pestilence, or
other calamitous visitation : And provided further, That this provi-
sion shall not be construed to prohibit the privilege of passes or
franks, or the exchange thereof with each other, for the officers,

378

aeents employees, and their families of such telegraph, telephony
and cable Xe^, and the officers, agents employees and their families
of other ^ common carriers subject to the provisions of this chapter:
ProtdTdTrther, That the term "employees" as used in this para-
ph shall include furloughed, pensioned, and superannuated em-
Kes persons who have become disabled or infirm m the ] service > of
any such common carrier, and the remains of a person Wled in the
employment of a carrier 'and employees traveling for the purpose
of entering the service of any such common carrier; and the term
"familiS"ga8 used in this paragraph shall include the famih^of
those persons named in this proviso, also the families of persons
killed and the widows during widowhood and minor children during
minonty of persons who diel, while in the service of any such com-
mon carrier. Any common carrier violating this provision shall be
deemed guilty of a misdemeanor and for each offense, on conviction,
shall pay to the United States a penalty of not less than $100 nor
,re than $2,000, and any person, other than the persons excepted
this provision, who uses any such interstate free ticket, free pass,
<n free transportation shall be subject to a like penalty. Jurisdiction
of offenses under this provision shall be the same as that provided for
offenses in sections 41 to 43 of this title.

more
in
or

(15) Powers of Commission in case of emergency.

Whenever the Commission is of opinion that shortage of equip-
ment, congestion of traffic, or other emergency requiring immediate
action exists in any section of the country, the Commission shall
have, and it is given, authority, either upon complaint or upon its
own initiative without complaint, at once, if it so orders, without
answer or other formal pleading by the interested carrier or carriers,
and with or without notice, hearing, or the making or filing of a
report, according as the Commission may determine: (a) to suspend
the operation of any or all rules, regulations, or practices then estab-
lished with respect to car service for such time as may be deter-
mined by the Commission; (b) to make such just and reasonable
directions with respect to car service without regard to the owner-
ship as between carriers of locomotives, cars, and other vehicles,
during such emergency as in its opinion will best promote the serv-
ice in the interest of the public and the commerce of the people,
upon such terms of compensation as between the carriers as they
may agree upon, or, in the event of their disagreement, as the Com-
mission may after subsequent hearing find to be just and reasonable :
(c) to require such joint or common use of terminals, including
main-line track or tracks for a reasonable distance outside of such
terminals, as in its opinion will best meet the emergency and serve
the public interest, and upon such terms as between the carriers as
they may agree upon, or, in the event of their disagreement, as the
Commission may after subsequent hearing find to be just and rea-
sonable; and (d) to give directions for preference or priority in
transportation, embargoes, or movement of traffic under permits, at
such time and for such periods as it may determine, and to modify,
change, suspend, or annul them. In time of war or threatened war

[Emphasis supplied.*]

379

the President may certify to the Commission that it is essential to
the national defense and security that certain traffic shall have pref-
erence or priority in transportation, and the Commission shall,
under the power herein conferred, direct that such preference or
priority be afforded.

*******
(Feb. 4, 1887, ch. 104, pt. I, § 1, 24 Stat. 379; June 29, 1906, ch.
3591, § 1, 34 Stat. 584; Apr. 13, 1908, ch. 143, 35 Stat. 60; June 18,
1910, ch. 309, § 7, 36 Stat. 544; Mav 29, 1917, ch. 23, 40 Stat. 101;
Feb. 28, 1920, ch. 91, §§ 400-403, 41 "Stat. 474-479; June 19, 1934, ch.
652, § 602, (b), 48 Stat. 1102; Aug. 9, 1935. ch. 498, § 1, 49 Stat. 543;
Sept. 18, 1940, ch. 722, title I, §§ 2, 3 (a), (b), 4, 54 Stat. 899-901;
June 24, 1948, ch. 622, 62 Stat. 602; Aug. 2, 1949, ch. 379, § 1, 63
Stat. 485; June 27, 1952, ch. 477, title IV, § 402 (g), 66 Stat. 277;
Aug. 12, 1958, Pub. L. 85-625, § 3, 72 Stat. 570; May 26, 1966, Pub.
L. 89-130, § 1, 80 Stat. 168.)

— N O T E —

Excerpt from House Reft. 1183, 89th Cong., 2d Sess. (1966)
purpose of the bill

The purpose of the bill is to secure alleviation of the recurring
national shortages of railroad freight cars.

This purpose is to be accomplished by authorizing the Interstate
Commerce Commission in its setting of the rates of compensation to
be paid for the use of any type of freight car to include such ele-
ments as in the Commission's judgment will provide just and reason-
able compensation to freight car owners, contribute to sound car
service practices (including efficient utilization and distribution of
cars), and encourage the acquisition and maintenance of a car
supply adequate to meet the needs of commerce and the national
defense.

BACKGROUND AND NEED FOR LEGISLATION

Over the years the shippers of this Nation from time to time have
faced shortages of certain types of cars available for meeting their
needs. To meet these shortages in past years there was enacted into
law provisions dealing with car service and the distribution of car
supply authorizing the Interstate Commerce Commission to supple-
ment and at times to override the various directives through which
the railroads themselves undertake to ameliorate these conditions in
their own cooperative car service rules.

Traditionally these shortages arose during the harvest season, but
since World War II they have become chronic. They are not limited
to the fall harvest season (although that continues to be a critical
period) nor to the particular types of care involved in the movement
of agricultural products. They can occur in any month of the year
with respect to any type of freight car. There is no need to set forth
statistics regarding the amount or the nature of the shortages or to
resolve the conflicting interpretations of those statistics that are
given by those concerned with the movement of cars.

380

49 U.S.C. 6. Schedules and statements of rates, etc., joint kail and

WATER TRANSPORTATION
,**«*•*

(8) Preference to shipments for United States.

In time of war or threatened war preference and precedence shall,
upon demand of the President of the United States, be given, over
all other traffic, for the transportation of troops and material of
war, and carriers shall adopt every means within their control to
facilitate and expedite the military traffic. And in time of peace
shipments consigned to agents of the United States for its use shall
be delivered by the carriers as promptly as possible and without
regard to any embargo that may have been declared, and no such
embargo shall apply to shipments so consigned.

(9) Schedule lacking notice of effective date.
#******

— N 0 T E—

Excerpt from House Reft. 705, 83d Cong., 1st Sess. (1953)

need for the legislation

The instant bill, continuing this grant of authority to the
President, has been sponsored by the Department of
Defense, and has the endorsement of the Interstate Com-
merce Commission and of the Defense Transport Adminis-
tration.

The Department of Defense urges the extension of this
authority on the grounds that it is necessary to assure the
movement of men and materials of war. It points out that
the extension of authority under H. R. 2347 (Public Law
89, 83d Cong.) relates only to property, and only to move-
ment by rail or by freight forwarder, under sections 1(15)
and 420 of the Interstate Commerce Act, while the author-
ity under this bill contained in section 6 (8) encompasses
both troops and materials, by all classes of carriers subject
to the act, rail, motor, water, and freight forwarders.

Without in any way gainsaying the desirability of the
basic authority over priorities for military traffic in time of
war or threatened war, your committee in hearings on June
24, examined into several questions as to whether such
authority did not lie in the basic statute itself, without the
need for the additional grant contained in the bill here
reported.

Counsel for the Defense Department urged the passage of
the bill on the grounds that the basic authority under the
Interstate Commerce Act lodged with the President only in
time of war or threatened war, and that this bill would pro-
vide such authority during the period of the emergency
declared December 16, 1950, without the President's being
required to make a determination that a state of war or

[Emphasis supplied.]

381

threatened war might exist, or being embarrassed or com-
pelled to commit himself on that question. The same argu-
ment previously had been advanced as to H. R. 2347,
extending the authority of section 1 (15), but in that case it
appears that the Interstate Commerce Commission exercises
priority power only upon a certification to it by the Presi-
dent that a state of war or threatened war exists.

Inasmuch as the continuation of the authority granted by
the bill is dedicated upon the national emergency declared
by the President December 15, 1950, additional discussion
was had of whether such declaration was not prima facie
determination of a condition of threatened war. Counsel for
the Defense Department indicated that a declaration of an
emergency could not per se be so construed.

Further consideration was given to whether or not the
authority here involved was needed in view of the powers
granted to the President under the Defense Production Act,
now in process of being extended. This act gives broad
powers to the President, similar to those granted to him by
the War Powers Aots, to allocate facilities to promote the
national defense. It was stated by counsel for the Defense
Transport Administration, however, that while it readily
was true that under the original act of 1950, and as hitherto
amended, such power was much broader than that of section
6 (8) of the Interstate Commerce Act, it appeared that the
modification or definition of national defense as proposed in
the extension now being considered by both Houses, might
be interpreted to restrict such broad power over transporta-
tion priorities.

It should be noted that the hearings developed that the
authority over priorities which section 6 (8) gives to the
President, has not been exercised at any time since the
Korean outbreak. Indeed, it has not even been delegated by
the President to any executive agency to exercise on his
behalf, either to the Defense Transport Administration, or
otherwise. The continued grant is urged solely on the basis
of its "standby" usefulness.

It is true that the Office of Defense Transportation exer-
cised the delegation to it by the President during the war
of the authority of section 6 (8), and of section 1 (15) as
well. But during the war the absolute authority over trans-
port priorities lodged with the Chairman of the War Pro-
duction Board by delegation of the President under
the War Powers Act. It was not delegated to the
Office of Defense Transportation until 1946, which Office
expired in 1949. Since Korea, the Defense Transport
Administrator, by virtue of the ex officio position resulting
from his being the Interstate Commerce Commissioner in
charge of the Bureau of Sendee, to which is assigned the
administration of the Commission's car service rules, has
handled priorities only through the Commission's jurisdic-

[ Emphasis supplied.]

24-509 O - 73 - 26

382

tion It is not apparent that the Commission, or the Admin-
istrator, has exercised at any time since June 1950, any of
the powers flowing from a Presidential certification under
section 1 (15).

49 U.S.C. 1020. Special powers during time op war ok other

EMERGENCY

The provision of section 1 (15)— (17) of this title shall be applica-
ble, in the case of service subject to this chapter, with respect to
freight forwarders and other persons, and the service, equipment,
and facilities of freight forwarders, with like force and effect as in
the case of the carriers and other persons, and the service, equip-
ment, and facilities, to which such provisions are specifically appli-
cable. (Feb. 4, 1887, ch. 104, pt. IV, § 420, as added May 16, 1942,
ch. 318, § 1, 56 Stat. 298.)

49 U.S.C. 1343. General powers and duties op Administrator

(a) Military participation; detail of members of Armed Forces;
report to the Congress.

(1) In order to insure that the interests of national defense are
properly safeguarded and that the Administrator is properly advised
as to the needs and special problems of the armed services, the Ad-
ministrator shall provide for participation of military personnel in
carrying out his functions relating to regulation and protection of
air traffic, including provision of air navigation facilities, and
research and development with respect thereto, and the allocation
of airspace. Members of the Army, the Navy, the Air Force, the
Marine Corps, or the Coast Guard may be detailed by the appropri-
ate Secretary, pursuant to cooperative agreements with the Adminis-
trator, including such agreement on reimbursement as may be
deemed advisable by the Administrator and the Secretary concerned,
for service in the Administration to effect such participation.

*******

The Administrator shall develop, in consultation with the Depart-
ment of Defense and other affected Government agencies, plans for
the effective discharge of the responsibilities of the Administration
in the event of war, and shall propose to Congress on or before Jan-
uary 1, 1960, legislation for such purpose: Provided, That in the
event of war the President by Executive order may transfer to the
Department of Defense any functions (including powers, duties,
activities, facilities, and parts of functions) of the Administration
prior to enactment of such proposed legislation. In connection with
any such transfer, the President may provide for appropriate trans-
fers of records, property, and personnel.

*******

[Emphasis supplied.]

383

(Pub. L. 85-726, title III, § 302(c)-(k), Aug. 23, 1958, 72 Stat.
745; Pub. L. 87-367, title I, § 103(2), title II, § 205, Oct. 4, 1961, 75
Stat 787, 791; Pub. L. 87-793, § 1001(h), Oct. 11, 1962, 76 Stat.
864.)

49 U.S.C. 1348. Airspace control and facilities

(a) Use of airspace.

The Administrator is authorized and directed to develop plans for
and formulate policy with respect to the use of the navigable air-
space ; and assign by rule, regulation, or order the use of the naviga-
ble airspace under such terms, conditions, and limitations as he may
deem necessary in order to insure the safety of aircraft and the
efficient utilization of such airspace. He may modify or revoke such
assignment when required in the public interest.

(b) Air navigation facilities.

The Administrator is authorized, within the limits of available
appropriations made by the Congress, (1) to acquire, establish, and
improve air-navigation facilities wherever necessary; (2) to operate
and maintain such air-navigation facilities; (3) to arrange for pub-
lication of aeronautical maps and charts necessary for the safe and
efficient movement of aircraft in air navigation utilizing the facili-
ties and assistance of existing agencies of the Government so far as
practicable; and (4) to provide necessary facilities and personnel for
the regulation and protection of air traffic.

The Administrator is further authorized and directed to prescribe
air traffic rules and regulations governing the flight of aircraft, for
the navigation, protection, and identification of aircraft, for the pro-
tection of persons and property on the ground, and for the efficient
utilization of the navigable airspace, including rules as to safe alti-
tudes of flight and rules for the prevention of collision between air-
craft, between aircraft and land or water vehicles, and between air-
craft and airborne objects.

(d) Applicability of Administrative Procedure Act.

In the exercise of the rulemaking authority under subsections (a)
and (c) of this section, the Administrator shall be subject to the
provisions of the Administrative Procedure Act, notwithstanding
: any exception relating to military or naval functions in section 1003
of Title 5.

(e) Exemptions.

The Administrator from time to time may grant exemptions from
the requirements of any rule or regulation prescribed under this sub-
chapter if he finds that such action would be in the public interest.

(f ) Exception for military emergencies.

When it is essential to the defense of the United States because of
-a military emergency or urgent military necessity, and when appro-
priate military authority so determines, and when prior notice
-thereof is given to the Administrator, such military authority may
authorize deviation by military aircraft of the national defense
forces of the United States from air traffic rules issued pursuant to
this subchapter. Such prior notice shall be given to the Administra-

384

tor at the earliest time practicable and, to the extent time and cir-
cumstances permit, every reasonable effort shall be made to consult
fully with the Administrator and to arrange in advance for the
required deviation from the rules on a mutually acceptable basis.
(Pub. L. 85-726, title III, § 307, Aug. 23, 1958, 72 Stat. 749.)

Title 50 — War and National Defense

50 U.S.C. 21. Restraint, regulation and removal

Whenever there is a declared war between the United States and
any foreign nation or government, or any invasion or predatory
incursion is perpetrated, attempted or threatened against the terri-
tory of the United States by any foreign nation or government, and
the President makes public proclamation of the event, all natives,
citizens, denizens, or subjects of the hostile nation or government,,
being of the age of fourteen years and upward, who shall be within
the United States and not actually naturalized, shall be liable to be
apprehended, restrained, secured, and removed as alien enemies. The
President is authorized in any such event, by his proclamation
thereof, or other public act, to direct the conduct to be observed on
the part of the United States, toward the aliens who become so
liable ; the manner and degree of the restraint to which they shall be
subject and in what cases, and upon what security their residence
shall be permitted, and to provide for the removal of those who, not
being permitted to reside within the United States, refuse or neglect
to depart therefrom; and to establish any other regulations which
are found necessary in the premises and for the public safety. (R. S-
§ 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)

50 U.S.C. 82. Procurement op ships and material during war;
changes in contracts ; commandeering factories, etc.

(a) The word "person" as used in subsections (b) and (c) of this
section shall include any individual, trustee, firm, association, com-
pany, or corporation. The word "ship" shall include any boat, vessel,
submarine, or any form of aircraft, and the parts thereof. The
words "war material" shall include arms, armament, ammunition,
stores, supplies, and equipment for ships and airplanes, and every-
thing required for or in connection with the production thereof. The
word "factory" shall include any factory, workshop, engine works,
building used for manufacture, assembling, construction, or any
process, and any shipyard or dockyard. The words "United States"
shall include the Canal Zone and all territory and waters, continen-
tal and insular, subject to the jurisdiction of the United States.

(b) In time of vmr the President is authorized and empowered, in
addition to all other existing provisions of law;

[Emphasis supplied.]

385

First. Within the limits of the amounts appropriated therefor, to
place an order with any person for such ships or war material as the
necessities of the Government, to be determined by the President,
may require and which are of the nature, kind, and quantity usually
produced or capable of being produced by such person. Compliance
with all such orders shall be obligatory on any person to whom such
order is given, and such order shall take precedence over all other
orders and contracts theretofore placed with such person. If any
person owning, leasing, or operating any factory equipped for the
building or production of ships or war material for the Navy shall
refuse or fail to give to the United States such preference in the
execution of such an order, or shall refuse to build, supply, furnish,
or manufacture the kind, quantity, or quality of ships or war mate-
rial so ordered at such reasonable price as shall be determined by
the President, the President may take immediate possession of any
factory of such person, or of any part thereof without taking posses-
sion of the entire factory, and may use the same at such times and
in such manner as he may consider necessary or expedient.

Second. Within the limit of the amounts appropriated therefor, to
modify or cancel any existing contract for the building, production,
or purchase of ships or war material; and if any contractor shall
refuse or fail to comply with the contract as so modified the Presi-
dent may take immediate possession of any factory of such contrac-
tor, or any part thereof without taking possession of the entire fac-
tory, and may use the same at such times and in such manner as he
may consider necessary or expedient.

50 U.S.C. 98d. Release of stock tile materials

The stock piles shall consist of all such materials prior to July 23,
1946 purchased or transferred to be held pursuant to sections 98 to
98h of this title, or after July 23, 1946, transferred pursuant to sec-
tion 98e of this title, or after July 23, 1946, purchased pursuant to
section 98b of this title, and not disposed of pursuant to sections 98
to 98h of this title. Except for the rotation to prevent deterioration
and except for the disposal of any material pursuant to section 98b
of this title, materials acquired under sections 98 to 98h of this title
shall be released for use, sale, or other disposition only (a) on order
of the President at any time when in his judgment such release is
required for purposes of the common defense, or (b) in time of war
-or during a national emergency with respect to common defense fro-
claimed oy the President, on order of such agency as may be desig-
nated by the President. (June 7, 1939, ch. 190 §5, 53 Stat. 812;
July 23, 1946, ch. 590, 60 Stat. 598.)

50 U.S.C. 167c. Licensing

(a) Rules and regulations. Whenever the President determines
that the defense, security, and general welfare of the United States

[Emphasis supplied.]

386

requires such action, the Secretary shall issue such regulations as he
deems necessary for the licensing of sales and transportation of
helium in interstate commerce after extraction from helium-bearing
natural gas or helium-gas mixtures. Thereafter it shall be unlawful
for any person to sell or transfer helium in interstate commerce
except in accordance with such regulations or pursuant to the terms
of a license issued by the Secretary, or in accordance with the terms
of a contract or agreement with the Secretary entered into pursuant
to this chapter. For the purpose of this section, the term "helium
shall mean helium, after extraction from helium-bearing natural gas
or helium-gas mixtures, in a refined or semirefined state suitable for

(b) Terms; assignments; revocations. Each license shall be issued
for a specified period to be determined by the Secretary, but not
exceeding five years, and may be renewed bv the Secretary upon the
expiration of such period. No such license shall be issued to a person
if in the opinion of the Secretary the issuance of a license to such
person would be inimical to the defense and security of the United
States. No such license shall be assigned or otherwise transferred
directly or indirectly except with the consent or approval of the Sec-
retary in writing. Any such license may be revoked for any material
false statement in the application for license, or for violation or a
failure to comply with the terms and provisions of this chapter, the
regulations issued by the Secretary pursuant thereto or the terms of
the license.

(c) Purpose. Tn issuing licenses under this section, the Secretarv
shall impose such regulations and terms of licenses as will permit
him effectively to promote the common defense and security as well
as the general welfare of the United States. The licensing authoritv
herein granted, shall be used solely for the purpose of preventing
the transportation or sale of helium for end uses determined bv the
Secretarv to be nonessential or wasteful, and anv determination that
any end use is nonessential or wasteful shall be published in the
form of general regulations applicable to all transportation or sales
of helium.

(dl Suspension; reacnuisition of supplies. Whenever Conaress or
the President declares that a war or national emergency exists* the
Secretary is authorized to suspend anv license granted under this
chapter if in his judgment such suspension is necessary to the
defense and security of the United States, and he is further author-
ized to take such steps as may be necessary to recapture or rencnuire
supplies of helium, afar. 3, 1925, eh. 426, § 5, as renumbered Sept.
13. 196(1. Pub. L. 86-777, § 2. 74 Stat. 920.1

Third. To require the owner or occupier of anv factory in which
ships or war material are built or produced to place at the disposal
of the United Stntes the whole oi- anv part of the output of such
factory, and, within the limit of the amounts appropriated therefor,
to deliver such output or nnrts thereof in such quantities and at such
times as msiv he snnoifind in the order at such reasonable price as
shall be determined by the President.

[Emphasis supplied.]

387

Fourth. To requisition and take over for use or operation by the
Government any factory, or any part thereof without taking posses-
sion of the entire factory, whether the United States has or has not
any contract or agreement with the owner or occupier of such
factory.

(d) Whenever the United States shall cancel or modify any con-
tract, make use of, assume, occupy, requisition, or take over any fac-
tory or part thereof, or any ships or war material, in accordance
with the provisions of subsection (b) of this section, it shall make
just compensation therefor, to be determined by the President, and
if the amount thereof so determined by the President 19 unsatisfac-
tory to the person entitled to receive the same, such person shall be
paid fifty per centum of the amount so determined by the President
and shall be entitled to sue the United States to recover such further
sum as added to said fifty per centum shall make up such amount as
will be just compensation therefor, in the manner provided for by
subsection (20) of section 41 and section 250 of Title 28. (Mar. 4,
1917, ch. 180, 39 Stat. 1192.)

-NOTE-

Excerpt from House Rept. 1392 (Min. Kept.), 64th Cong.,
1st Sess. (1917)

In conclusion, we will state that the bill, as reported,
simply follows the authorizations provided for in the bill
passed about five months ago by this Congress and does not
undertake to provide a building program for any emer-
gency. If a real emergency should arise, the Government
would at once commandeer all navy yards and would wholly
change the building program authorized in the bill passed
at the first session of this Congress, and by thus assuming
control of all private shipbuilding yards and devoting the
same to the building of Government ships the completion of
any building program required would be largely hastened,
and it would be a serious mistake to have contracts out-
standing whereby the Government had impliedly assented
to a time limit of 48 months or more on some of its capital
ships and 41 or 42 months on its scout cruisers. Even if
there should exist in the minds of some ground for appre-
hending that emergency legislation may be required, this
but suggests the wisdom of the recommendations hereinbe-
fore made, so as to prevent committing the Government to
contracts that would not be completed within the limit of
time required.

—NOTE-
EXCERPT from House Eept. 1552, 86th Cong., 2d Sess. (1960)

The primary objective of H.R, 10548 is to furnish author-
ity to the Department of the Interior to carry out an effec-
tive long-range program for the production, distribution,

388

and storage of helium in order to assure a sustained supply,
taking into account supplies from other sources, to meet
essential Government needs. Provision is made for coopera-
tion by the Department of Defense and the Atomic Energy
Commission. The measure also clarifies and perfects certain
of the existing provisions of the Helium Act. .

The annual consumption of helium today in the United
States is approximately 370 million cubic feet^-that is, 80
times the 1937 level. Helium is essential to our missile and
atomic energy programs and is a valuable industrial mate-
rial. Seventy" percent of the helium now being consumed is
used directly by the Department of Defense, the Atomic
Energy Commission, the National Aeronautics and Space
Administration, and other Federal agencies. An additional
20 percent is used in industry on Federal defense and
atomic energy contracts. Smaller, but important, quantities
are used in hospitals and in research.

The upward trend in helium demand is expected to con-
tinue into the future. Many present-day uses, including
those in the missile, nuclear energy, and industrial fields,
are in early stages of development.

50 U.S.C. 101. Regulation of anchorage and movement of vessels

DURING NATIONAL EMERGENCY

Whenever the President by proclamation or Executive order
declares a national emergency to exist by reason of actual or threat-
ened war, insurrection, or invasion, or disturbance or threatened dis-
turbance of the international relations of the United States, the Sec-
retary of the Treasury may make, subject to the approval of the
President, rules and regulations governing the anchorage and move-
ment of any vessel, foreign or domestic, in the territorial waters of
the United States, may inspect such vessel at any time, place guards
thereon, and, if necessary in his opinion in order to secure such ves-
sels from damage or injury, or to prevent damage or injury to any
harbor or waters of the United States, or to secure the observance of
the rights and obligations of the United States, may take, by and
with the consent of the President, for such purposes, full possession
and control of such vessel and remove therefrom the officers and
crew thereof and all other persons not specially authorized by him
to go or remain on board thereof.

Within the territory and waters of the Canal Zone the Governor
of the Canal Zone, with the approval of the President, shall exercise
all the powers conferred by this section on the Secretary of the
Treasury.

Whenever the President finds that the security of the United
States is endangered by reason of actual, or threatened war, or inva-
sion, or insurrection, or subversive activity, or of disturbances or
threatened disturbances of the international relations of the United

[Emphasis supplied.]

389

States, the President is authorized to institute such measures and
issue such rules and regulations —

(a) to govern the anchorage and movement of any foreign-flag
vessels in the territorial waters of the United States, to inspect such
vessels at any time, to place guards thereon, and, if necessary in his
opinion in order to secure such vessels from damage or injury, or to
prevent damage or injury to any harbor or waters of the United
States, or to secure the observance of rights and obligations of the
United States, may take for such purposes full possession and con-
trol of such vessels and remove therefrom the officers and crew
thereof, and all other persons not especially authorized by him to go
or remain on board thereof ;

(b) to safeguard against destruction, loss, or injury from sabotage
or other subversive acts, accidents, or other causes of similar nature,
vessels, harbors, ports, and waterfront facilities in the United States,
the Canal Zone, and all territory and water, continental or insular,
subject to the jurisdiction of the United States.

Any appropriation available to any of the Executive Departments
shall be available to carry out the provisions of this chapter. (June
15, 1917, ch. 30, title II, § 1, 40 Stat. 220; Aug. 9, 1950, ch. 656, § 1,
64 Stat. 427; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038.)

50 U.S.C. 196. Emergency foreign vessel acquisition; purchase or

REQUISITION OF VESSELS LYING IDLE IN UNITED STATES WATERS

During any period in which vessels may be requisitioned under
section 1242 of Title 46, the President is authorized and empowered
through the Secretary of Commerce to purchase, or to requisition, or
for any part of such period to charter or requisition the use of, or to
take over the title to or possession of, for such use or disposition as
he shall direct, any merchant vessel not owned by citizens of the
United States which is lying idle in waters within the jurisdiction
of the United States, including the Canal Zone, and which the Pres-
ident finds to be necessary to the national defense. Just compensa-
tion shall be determined and made to the owner or owners of any
such vessel in accordance with the applicable provisions of section
1242 of Title 46. Such compensation hereunder, or advances on
account thereof, shall be deposited with the Treasurer of the United
States in a separate deposit fund. Payments for such compensation
and also for payment of any valid claim upon such vessel in accord
with the provisions of the second paragraph of subsection (d) of
section 1242 of Title 46, shall be made from such fund upon the cer-
tificate of the Secretary of Commerce. (Aug. 9, 1954, ch. 659, § 1, 68
Stat. 675.)

50 U.S.C. 197. Same; voluntary purchase or charter agreements

During any period in which vessels may be requisitioned under
section 1242 of Title 46, the President is authorized through the Sec-

[Emphasis supplied.]

390

retary of Commerce to acquire by voluntary agreement of purchase
or charter the ownership or use of any merchant vessel not owned
by citizens of the United States. (Aug. 9, 1954, ch. 659, § 2, 68 Stat.
675.)

—NOTE—

Excerpt from Senate Reft. 1087, 83d Cong., 2d Sess. (1954)

The purpose of the bill is to make permanent certain pro-
visions of Public Law 101, 77th Congress, as amended,
which will give to, the Secretary of Commerce in time of
national emergency the authority to requisition, purchase,
or charter foreign merchant vessels lying idle in United
States waters.

HISTORICAL BACKGROUND

This bill involves two distinct rights of a sovereign
nation under international law: first, the right of angary,
which is a right deriving from the law of war; secondly,
the right which every State undoubtedly possesses of seiz-
ing in case of emergency, and subject to compensation, any
foreign property within its jurisdiction (Oppenheim, Inter-
national Law, vol. II, p. 510) .

50 U.S.C. 198. Same; documentation of vessels; waiver of com-
pliance ; coastwise trade ; inspection ; reconditioning of vessels ;
effective period; definition

(a) Any vessel not documented under the laws of the United States,
acquired by or made available to the Secretary of Commerce under
sections 196 to 198 of this title, or otherwise, may, notwithstanding any
other provision of law, in the discretion of the Secretary of the Treas-
ury be documented as a vessel of the United States under such rules
and regulations or orders, and with such limitations, as the Secretary
of the Treasury may prescribe or issue as necessary or appropriate
to carry out the purposes and provisions of sections 196 to 198 of this
title, and in accordance with provisions of subsection (c) of this
section, engage in the coastwise trade when so documented. Any docu-
ment issued to a vessel under the provisions of this subsection shall be
surrendered at any time that such surrender may be ordered by the
Secretary of the Treasury. No vessel, the surrender of the documents
of which has been so ordered, shall, after the effective date of such
order, have the status of a vessel of the United States unless docu-
mented anew.

(b) The President may, notwithstanding any other provisions of
law, by rules and regulations or orders, waive compliance with any
provision of law relating to masters, officers, members of the crew, or
crew accommodations on any vessel documented under authority of
this section to such extent and upon such terms as he finds necessary

[Emphasis supplied.]

391

because of the lack of physical facilities on such vessels, and because
of the need to employ aliens for their operation. No vessel shall cease
to enjoy the benefits and privileges of a vessel of the United States by
reason of the employment of any person in accordance with the pro-
visions of this subsection.

(c) Any vessel while documented under the provisions of this sec-
tion, when chartered under sections 196 to 198 of this title by the Secre-
tary of Commerce to Government agencies or departments or to pri-
vate operators, may engage in the coastwise trade under permits issued
by the Secretary of Commerce, who is authorized to issue permits for
such purpose pursuant to such rules and regulations as he may pre-
scribe. The Secretary of Commerce is authorized to prescribe such
rules and regulations as he may deem necessary or appropriate to carry
out the purposes and provisions of this section. The second paragraph
of section 808 of Title 46, shall not apply with respect to vessels
chartered to Government agencies or departments or to private op-
erators or otherwise used or disposed of under sections 196 to 198 of
this title. Existing laws covering the inspection of steam vessels are
made applicable to vessels documented under this section only to such
extent and upon such conditions as may be required by regulations of
the Secretary of the department in which the Coast Guard is operating :
Provided, That in determining to what extent those laws should be
made applicable, due consideration shall be given to the primary pur-
pose of transporting commodities essential to the notional defense.

(d) The Secretary of Commerce without regard to the provisions
of section 5 of Title 41 may repair, reconstruct, or recondition any ves-
sels to be utilized under sections 196 to 198 of this title. The Secre-
tary of Commerce and any other Government department or agency
by which any vessel is acquired or chartered, or to which any vessel
is transferred or made available under sections 196 to 198 of this title
may, with the aid of any funds available and without regard to the
provisions of said section 5 of Title 41, repair, reconstruct, or recondi-
tion any such vessels to meet the needs of the services intended, or pro-
vide facilities for such repair, reconstruction, or reconditioning. The
Secretary of Commerce may operate or charter for operation any ves-
sel to be utilized under sections 196 to 198 of this title to private op-
erators, citizens of the United States, or to any department or agency
of the United States Government, without regard to the provisions of
sections 1191 to 1204 of Title 46, and any department or agency of the
United States Government is authorized to enter into such charters.

(e) In case of any voyage of a vessel documented under the provi-
sions of this section begun before the date of termination of an effec-
tive period of section 196 of this title, but is completed after such date,
the provisions of this section shall continue in effect with respect to
such vessel until such voyage is completed.

(f) When used in sections 196 to 198 of this title, the term "docu-
mented" means "registered", "enrolled and licensed", or "licensed".
(Aug. 9, 1954, ch. 659, § 3, 68 Stat. 675.)

[See excerpt from 50 U.S.C. 196 and 197 (S. Eept. 1087). Supra.]

[Emphasis supplied.]

392

50 U.S.C. 205. Suspension of commercial intercourse with State

IN INSURRECTION

Whenever the President, in pursuance of the provisions of this
chapter, has called forth the militia to suppress combinations against
the laws of the United States, and to cause the laws to be duly executed
and the insurgents shall have failed to disperse by the time directed
by the President, and when the insurgents claim to act under the au-
thority of any State or States, and such claim is not disclaimed or
repudiated by the persons exercising the functions of government in
such State or States, or in the part or parts thereof in which such
combination exists, and such insurrection is not suppressed by such
State or States, or whenever the inhabitants of any State or part
thereof are at any time found by the President to be in insurrection
against the United States, the President may, by proclamation, declare
that the inhabitants of such State, or of any section or part thereof
where such insurrection exists, are in a state of insurrection against
the United States ; and thereupon all commercial intercourse by and
between the same and the citizens thereof and the citizens of the rest
of the United States shall cease and be unlawful so long as such con-
dition of hostility shall continue; and all goods and chattels, wares
and merchandise, coming from such State or section into the other
parts of the United States, or proceeding from other parts of the
United States to such State or section, by land or water, shall, together
with the vessel or vehicle conveying the same, or conveying persons to
or from such State or section, be forfeited to the United States. (R.S.
§ 5301.)

DERIVATION

Acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; July 31, 1861, ch. 32, 12
Stat. 284.

50 U.S.C. 206. Suspension of commercial intercourse with part
of State in insurrection

Whenever any part of a State not declared to be in insurrection is
under the control of insurgents, or is in dangerous proximity to places
i n\ their control, all commercial intercourse therein and therewith
shall be subject to the prohibitions and conditions of section SOS of this
title for such time and to such extent as shall become necessary to pro-
tect the public interests, and be directed by the Secretary of the
Ireasury, with the approval of the President. (E. S. § 5302.)

derivation
Act July 2, 1864, ch. 225, § 5, 13 Stat. 376.

[Emphasis supplied.]

393

50 U.S.C. 207. Persons affected by suspension of commercial

INTERCOURSE

The provisions of this chapter in relation to commercial intercourse
shall apply to all commercial intercourse by and between persons re-
siding or being within districts within the lines of national military
occupation in the States or parts of States declared in insurrection,
whether with each other or with persons residing or being within dis-
tricts declared in insurrection and not within those lines; and all per-
sons within the United States, not native or naturalized citizens
thereof, shall be subject to the same prohibitions, in all commercial
intercourse with inhabitants of States or parts of States declared in
insurrection, as citizens of States not declared to be in insurrection.
(K.S. §5303.)

DERIVATION

Act July 2, 1864, ch. 225 § 4, 13 Stat. 376.

50 TJ.S.C. 208. Licensing or permitting commercial intercourse
with State or region in insurrection

The President may, in his discretion, license and permit commercial
intercourse with any part of such State or section, the inhabitants of
which are so declared in a state of insurrection, so far as may be
necessary to authorize supplying the necessities of loyal persons resid-
ing in insurrectionary States, within the lines of actual occupation by
the military forces of the United States, as indicated by published
order of the commanding general of the department or district so
occupied ; and, also, so far as may be necessary to authorize persons
residing within such lines to bring or send to market in the loyal
States any products which they shall have produced with their own
labor or the labor of freedmen, or others employed and paid by them,
pursuant to rules relating thereto, which may be established under
proper authority. And no goods, wares, or merchandise shall be taken
into a State declared in insurrection, or transported therein, except
to and from such places and to such monthly amounts as shall have
been previously agreed upon, in writing, by the commanding general
of the department in which such places are situated, and an officer
designated by the Secretary of the Treasury for that purpose. Such
commercial intercourse shall be in such articles and for such time and
by such persons as the President, in his discretion, may think most
conducive to the public interest; and, so far as by 'him licensed, shall
be conducted and carried on only in pursuance of rules and regula-
tions prescribed by the Secretary of the Treasury. (R. S. § 5304.)

derivation

Acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; July 2, 1864, ch. 225,
§ 9, 13 Stat. 377.

[Emphasis supplied.]

394

50 U.S.C. 212. Confiscation of property employed to aid

INSURRECTION

Whenever during any insurrection against the Government of the
United States, after the President shall have declared by proclama-
tion that the laws of the United States are opposed, and the execution
thereof obstructed, by combinations too powerful to be suppressed bv
the ordinary course of judicial proceedings, or by the power vested
in the marshals by law, any person, or his agent, attorney, or employee,
purchases or acquires, sells or gives, any property of whatsoever kind
or description, with intent to use or employ the same, or suffers the
same to be used or employed in aiding, abetting, or promoting such
insurrection or resistance to the laws, or any person engaged therein;
or being the owner of any such property, knowingly uses or employs,
or consents to such use or employment of the same, all such property
shall be lawful subject of prixe and capture wherever found; and it
shall be the duty of the President to cause the same to be seized, con-
fiscated, and condemned. (E.S. § 5308.)

DERIVATION

Act of Aug. 6, 1861, ch. 60, § 1, 12 Stat. 319.

50 U.S.C. 223. Forfeiture of vessels owned by citizens of

INSURRECTIONARY STATES

From and after fifteen days after the issuing of the proclamation, as
provided in section 005 of this title, any vessel belonging in whole or
in part to any citizen or inhabitant of such State or part of a State
whose inhabitants are so declared in a state of insurrection, found at
sea, or in any port of the rest of the United States, shall be forfeited.
(R.S. § 5319.)

DERIVATION

Act July 12, 1861, ch. 3, § 7, 12 Stat. 257.

50 U.S.C. 451. Congressional declaration of purpose and policy

In enacting this chapter, it is the intent of Congress to provide a
comprehensive and continuous program for the future safety and for
the defense of the United States by providing adequate measures
whereby an essential nucleus of Government-owned industrial plants
and a national reserve of machine tools and industrial manufacturing
equipment may be assured for immediate use to supply the needs of
the armed forces in time of national emergency or in anticipation
thereof : it is further the intent of the Congress that such Government-
owned plants and such reserve shall not exceed in number or kind the
minimum requirements for immediate use in time of national emer-
gency, and that any such items which shall become surplus to such

[Emphasis supplied.]

395

requirements shall be disposed of as expeditiously as possible. (July 2,
1948, ch. 811, § 2, 62 Stat. 1225.)

SHORT TITLE

Congress in enacting this chapter provided by section 1 of act July
2, 1948 that it should be popularly known as the "National Industrial
Reserve Act of 1948."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 453 of this title.

50 U.S.C. 452. Definitions

(a) The term "national industrial reserve", as used in this chapter,
means that excess industrial property which has been or may hereafter
be sold, leased, or otherwise disposed of by the United States, subject
to a national security clause, and that excess industrial property of
the United States which not having been sold, leased, or otherwise
disposed of, subject to a national security clause, shall be transferred
to the Administrator of General Services under section 454 of this
title.

(b) The term "excess industrial property", as used herein, means
any machine tool, any industrial manufacturing equipment and any
industrial plant (including structures on land owned by or leased to
the United States, substantially equipped with machinery, tools, and
equipment) which is capable of economic operation as a separate and
independent industrial unit and which is not an integral part of an
installation of a private contractor, which machine tools, industrial
manufacturing equipment, and industrial plants are under the control
of any executive department or independent establishment in the ex-
ecutive branch of the Government, including any wholly owned Gov-
ernment corporation and which are not required for its immediate
needs and responsibilities as determined by the head thereof.

(c) The term "national security clause , as used in this chapter,
means those terms, conditions, restrictions, and reservations, hereto-
fore formulated or as may be formulated under section 453 (2) of
this title for insertion in instruments of sale or lease of property,
determined in accordance with section 453 (1) of this title to be a part
of the national industrial reserve, which will guarantee the avail-
ability of such property for the purposes of national defense at any
time when availability thereof for such purposes is deemed necessary
by the Secretary of Defense. (July 2, 1948, ch. 811. § 3, 62 Stat. 1225;
June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agency there-
of, together with all functions of the Federal Works Administrator
were transferred to the Administrator of General Services by section

[Emphasis supplied.]

396

103(a) of act June 30, 1949. Both the Federal Works Agency and the
office of Federal Works Administrator were abolished by section
103(b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions effective July 1, 1949, see note set out under
section 471 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHEE SECTIONS

This section is referred to in section 453 of this title.

50 U.S.C. 453. Powers asd duties of Secretary of Defense

To effectuate the policy set forth in section 451 of this title the Sec-
retary of Defense is authorized and directed to —

(1) determine which excess industrial properties should become
a part of the national industrial reserve under the provisions of
this chapter ;

(2) formulate a national security da-use, as defined in section
452(c) of this title and vary or modify the same from time to
time in such manner as best to attain the objectives of this chapter,
having due regard to securing advantageous terms to the Govern-
ment in the disposal of excess industrial property ;

(3) consent to the relinquishment or waiver of all or any part
of any national security clause in specific cases when necessary to
permit the disposition of particular excess industrial property

. when it is determined that the retention of the productive capac-
ity of any such excess industrial property is no longer essential to
the national security or that the retention of a lesser interest than
that originally required will adequately fulfill the purposes of
this chapter : Provided, That nothing in this subsection shall re-
quire the modification or waiver of any part of any such national
security clause when such clause is deemed necessary by the Secre-
tary of Defense to effectuate the purposes of this chapter; and

(4) designate what excess industrial property shall be disposed
of subject to the provisions of the national security clause.

(July 2, 1948, ch. 811, § 4, 62 Stat. 1226.)

SECTION REFERREO TO IN OTHER SECTIONS

This section is referred to in sections 454, 455 of this title.

50 U.S.C. 454. Plant disposal; modification of national security
clause; transfer to Administrator of General Services: ma-
chine tools

(a) In the event that any agency charged with the disposal of ex-
cess industrial property, after making every practicable effort so to
[Emphasis supplied.]

397

do, is unable to dispose of any excess industrial plant because of the
national security clause it shall notify the Secretary of Defense, indi-
cating such modifications in the national security clause, if any, which
in its judgment would make possible disposal of the plant. The Secre-
tary of Defense shall consider and agree to any and all such proposed
modifications as in his judgment would be consistent with the purposes
of this chapter. If, however, such clause is not modified or the require-
ments thereof waived pursuant to section 453(c) of this title, or if
modified, such plant cannot then be disposed of under such modified
clause, the Secretary of Defense shall direct that such plant be trans-
ferred to the Administrator of General Services, and such transfer
shall be without reimbursement or transfer of funds.

(b) Notwithstanding any other provisions of law, any agency
charged with the disposal of excess machine tools and industrial man-
ufacturing equipment shall transfer custody of such machine tools and
equipment as may be designated by the Secretary of Defense pursuant
to section 453 of this title to the Administrator of General Services,
without reimbursement, for storage and maintenance. (July 2. 1948,
ch. 811, § 5, 62 Stat. 1226; June 30, 1949, ch. 288, title I, § 103, 63 Stat.
380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies
thereof, together with all functions of the Federal Works Adminis-
trator were transferred to the Administrator of General Services by
section 103(a) of act June 30, 1949. Both the Federal Works Agency
and the office of Federal Works Administrator were abolished by sec-
tion 103(b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions effective July 1, 1949, see note set out under
section 471 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 452, 456, 457 of this title.

50 U.S.C. 455. Acceptance of plants by Administrator of General
Services; disposition; conditions of lease

Subject to provisions of section 456 of this title, the Administrator
of General Services is authorized and directed to accept the transfer to
it of such excess industrial property as is directed to be transferred to
it under section 453 of this title and, as and when directed or author-
ized by the Secretary of Defense pursuant to section 456 of this title,
to utilize, maintain, protect, repair, restore, renovate, lease, or dispose
of such property. Notwithstanding section 303(b) of Title 40, any
lease may provide for the renovation, maintenance, protection, repair,
and restoration by the lessee, of the property leased, or of the entire

[Emphasis supplied.]

398

unit or installation when a substantial part thereof is leased as part
or all of the consideration for the lease ol such property. (July 2, 1948,
ch. 811, § 6, 62 Stat. 1226; June 30, 1949, ch. 288, title I, § 103, 63 btat.
380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and I of all ; agencies
thereof, together with all functions of the Federal Works Adminis-
trator werf transferred to the Administrator of General Services by
section 103(a) of act June 30, 1949. Both the Federal Works Agency
and the office of Federal Works Administrator were abolished by
section 103 (b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions effective July 1, 1949, see note setout under
section 471 of Title 40, Public Buildings, Property, and Works.

50 U.S.C. 456. Powers of Secretary of Defense respecting property
in national industrial reserve

The Secretary of Defense, with respect to property in the national
industrial reserve, is authorized when he deems such action to be in
the interest of national security —

(1) to establish general policies for the care, maintenance, uti-
lization, recording, and security of such property transferred to
the Administrator of General Services pursuant to section 454
of this title ; and

(2) to direct the transfer without reimbursement by the Ad-
ministrator of General Services of any of such property to other
Government agencies with the consent of such agencies ; and

(3) to direct the leasing by the Administrator of General Serv-
ices of any of such property to designated lessees ; and

(4) to authorize the disposition by the Administrator of Gen-
eral Services of any of such property by sale or otherwise when
in the opinion of the Secretary of Defense such property may be
disposed of subject to or free of the national security clause pro-
vided for in section 454 of this title ; and

(5) to authorize and regulate the lending of any such property
bv the Administrator of General Services to any nonprofit educa-
tional institution or training school when (a) the Secretary shall
determine that the program proposed by such institution or school
for the use of such property will contribute materially to national
defense, and (b) such institution or school shall be agreement
mnke such provision ns the Secretary shall deem satisfactory for
the proper maintenance of such property and for its return to the
Administrator of General Services without expense to the
Government.

(July 2, 1948, ch. 811, § 7, 62 Stat. 1227; June 30, 1949, ch. 288, title
I, § 103, 63 Stat. 380.)

[Emphasis supplied.)

399

TRANSFER OF FUNCTIONS

AH functions of the Federal Works Agency and of all agencies
thereof, together with all functions of the Federal Works Adminis-
trator were transferred to the Administrator of General Services by
section 103(a) of act June 30, 1949. Both the Federal Works Agency
and the office of Federal Works Administrator were abolished by sec-
tion 103(b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions effective July 1, 1949, see note set out under
section 471 of Title 40, Public Buildings, Property, and Works.

CROSS REFERENCES

Administration of synthetic rubber-producing facilities, see section
1941 (f ) of Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 455, 457 of this title.

50 U.S.C. 457. Transportation, haivh,iui»& disposition, et cetera,
by Administrator of General Services of transferred property

As and when directed or aucnorized by the Secretary of Defense
pursuant to the provisions of section 456 of this title, the Adminis-
trator of General Services shall after the date upon which transfer is
directed pursuant to section 454 of this title provide for the trans-
portation, handling, care, storage, protection, maintenance, utilization,
repair, restoration, renovation, leasing, and disposition of excess in-
dustrial property. (July 2, 1948, ch. 811, §8, 62 Stat. 1227; June 30,
1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions effective July 1, 1949, see note set out under
section 471 of Title 40, Public Buildings, Property, and Works.

50 U.S.C. 458. Limitation on acquisition of property

Nothing contained in this chapter shall be construed as authorizing
the acquisition of any property for the national industrial reserve

400

except from excess or surplus Government-owned property. (July 2,
1948, ch. 811, § 9, 62 Stat. 1227.)

50 U.S.C. 459. Industrial Keserve Review Committee; composition,

APPOINTMENT, TENURE, AND COMPENSATION J LAWS APPLICABLE

The Secretary of Defense shall appoint a National Industrial Re-
serve Review Committee, which shall consist of not exceeding fifteen
persons to be appointed from civilian life who are by training and
experience familiar with various fields of American industry, includ-
ing shipbuilding, aircraft manufacture, machine tools, and arms and
armament production. The members of such Committee shall serve for
such term or terms as the Secretary of Defense may specify and shall
meet at such times as may be specified by the Secretary of Defense to
consult with and advise the Department of Defense. Each member of
such Committee shall be entitled to compensation in the amount of $50
for each day, or part of day, he shall be in attendance at any regular
called meeting of the Committee, together with reimbursement for all
travel expenses incident to such attendance. Provided, That nothing
contained in sections 93, 198 and 203 of Title 18 ; in section 99 of Title
5 ; in last paragraph of section 119 of Title 41 ; or in any other pro-
vision of Federal law imposing restrictions, requirements, or penalties
in relation to the employment of persons, the performance of services,
or the payment or receipt of compensation in connection with any
claim proceeding, or matter involving the United States, shall apply
to such persons solely by reason of their appointment to and member-
ship on such Committee. (July 2, 1948, ch. 811, § 10, 62 Stat. 1227;
Aug. 10, 1949, ch. 412, § 12(a) , 63 Stat. 591.)

REFERENCES IN TEXT

Sections 93, 198, and 203 of Title 18, referred to in the text, were
repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1,
1948, and are now covered by sections 203, 205 and 208 of Title 18,
Crimes and Criminal Procedure.

Section 99 of Title 5, referred to in text was repealed by Pub. L.
87-849, § 3, Oct. 23. 1962, 76 Stat. 1126. See section 207 of Title 18,
Crimes and Criminal Procedure.

Section 119, sixth paragraph, of Title 41, referred to in the text,
which was derived from act July 1, 1944, ch. 358, § 19(e), 58 Stat. 668,
was repealed by act June 25, 1948. ch. 645. §21, 62 Stat. 862, eff.
Sept. 1, 1948, and is now covered by section 207 of Title 18, Crimes
and Criminal Procedure.

CHANGE OP NAME

The National Military Establishment was changed to the Depart-
ment of Defense by act Aug. 10, 1949.

SECTION REFERRED TO IN OTHER SECTIONS

This section Is referred to In section 460 of this title.

401

50 U.S.C. 460. Duties of Committee; recommendations

It shall be the duty of the Committee appointed under section 459
of this title to review not less often than once each year the justifica-
tion for the retention of property in the national industrial reserve
established hereunder and (i) to recommend to the Secretary of De-
fense the disposition of any such property which in the opinion of
the Committee would no longer be of sufficient strategic value to war-
rant its further retention for the production of war material in the
event of a national emergency; (ii) to recommend to the Secretary
of Defense standards of maintenance for the property held in the
national industrial reserve; (iii) to review and recommend to the
Secretary of Defense the disposal of that property which in the
opinion of the Committee could and should be devoted to commercial
use in the civilian economy; and (iv) to advise the Secretary of De-
fense with respect to such activities under this chapter as he may
request. (July 2, 1948, ch. 811, § 11, 62 Stat. 1228.)

50 U.S.C. 461. Reports to Congress

The Secretary of Defense shall submit to the Congress on April 1
of each year a report detailing the action taken by it under this chapter
and containing such other pertinent information on the status of the
national industrial reserve as will enable the Congress to evaluate its
administration and the need for amendments and related legislation.
(July 2, 1948, ch. 811, § 12, 62 Stat. 1228.)

50 U.S.C. 462. Appropriations

There are authorized to be appropriated to the Office of the Secre-
tary of Defense and to the Administrator of General Services out of
any moneys in the Treasury not otherwise appropriated, such sums
as the Congress may, from time to time, determine to be necessary
to enable the Secretary of Defense and the Administrator of General
Services to carry out their respective functions under this chapter.
( July 2, 1948, ch. 811, § 14, 62 Stat. 1228; June 30, 1949, ch. 288, title
I, §103, 63 Stat. 380.)

50 U.S.C. 812. Declaration or "internal security emergency" by
President; events warranting; period of existence

(a) In the event of any one of the following :

(1) Invasion of the territory of the United States or its
possessions,

(2) Declaration of war by Congress, or

(3) Insurrection within the United States in aid of a foreign
enemy.

[Emphasis supplied.]

402

If upon the occurrence of one or more of the above, the President
shall find that the proclamation of an emergency pursuant to this sec-
tion is essential to the preservation, protection and defense of the
Constitution, and to the common defense and safety of the territory
and people of the United States, the President is authorized to make
public proclamation of the existence of an "Internal Security

Emergency.^ ^ «Internal Security Emergency" (hereinafter referred
to as the "emergency") so declared shall continue in existence until
terminated by proclamation of the President or by concurrent resolu-
tion, of the Congress. (Sept. 23, 1950, ch. 1024, title II, § 102, 64 Stat.
1021.)

APPLICATION TO COMMUNIST PARTY MEMBERS

Application of this section to members of the Commimist Partv and
other subversive organizations, spe section 843 of this title, and Refer-
ences in Text note under that section.

50 U.S.C. 832. Full field investigation and appraisal

(a) Conditional employment; other current security clearance;
circumstances authorizing employment on temporary basis.

No person shall be employed in, or detailed or assigned, to the
Agency unless he has been the subiect of a fullfield investigation in
connection with such employment, detail, or assignment, and is cleared
for access to classified information in accordance with the provisions
of this subchapter, excepting that conditional employment without ac-
cess to sensitive cryptologic information or material may be tendered
any applicant, under such regulations as the Secretary may prescribe,
pending the completion of such full field investigation: And provided
further. That such full field investigation at the discretion of the
Secretary need not be required in the case of persons assigned or de-
tailed to the Agency who have a current security clearance for access
to sensitive cryptologic information under equivalent standards of in-
vestigation and clearance. During any period of war declared iy the
( ingress, or during any period when the Secretary determines that a
naSonal disaster exists, or in exceptional cases in which the Secretary
(or I>is designee for such purpose) makes a determination in writing
that h.'s action is necessary or advisable in the national interest, he may
authorise the employment of any person in, or the detail or assignment
of any person to, the Agency, and may grant to any such person access
to classified information, on a temporary basis, pending the completion
of the full field investigation and the clearance for access to classified
information required by this subsection, if the Secretary determines
that such action is clearly consistent with the national security.

(b) Boards of appraisal; establishment; membership; appoint-
ment ; appraisal in doubtful cases ; report and recommendation ; quali-
fications of members ; Secretary's clearance contrary to board's recom-
mendation.

[Emphasis supplied.]

403

To assist the Secretary and the Director of the Agency in carrying
out their personal security responsibilities, one or more boards of ap-
praisal of three members each, to be appointed by the Director of the
Agency, shall be established in the Agency. Such a board shall appraise
the loyalty and suitability of persons for access to classified informa-
tion, in those cases in which the Director of the Agency determines
that there is a doubt whether their access to that information would be
clearly consistent with the national security, and shall submit a report
and recommendation on each such a case. However, appraisal by such
a board is not required before action may be taken under section 863
of Title 5, section 22-1 of Title 5, or any other similar provision of law.
Each member of such a board shall be specially qualified and trained
for his duties as such a member, shall have been the subject of a
full field investigation in connection with his appointment as such a
member, and shall have been cleared by the Director for access to clas-
sified information at the time of his appointment as such a member.
No person shall be cleared for access to classified information, con-
trary to the recommendations of any such board, unless the Secretary
(or his designee for such purpose) shall make a determination in writ-
ing that such employment, detail, assignment, or access to classified
information is in the national interest. (Sept. 23, 1950, ch. 1024, title
1 1 1, § 302, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 168.)

50 TJ.S.C. 1431. Authorization; official approval

The President may authorize any department or agency of the Gov-
ernment which exercises functions in connection with the national
defense, acting in accordance with regulations prescribed by the Pres-
ident for the protection of the Government, to enter into contracts or
into amendments or modifications of contracts heretofore or hereafter
made and to make advance payments thereon, without regard to other
provisions of law relating to the making, performance, amendment, or
modification of contracts, whenever he deems that such action would
facilitate the national defense. The authority conferred by this section
shall not be utilized to obligate the United States in an amount in
excess of $50,000 without approval by an official at or above the level
of an Assistant Secretary or his Deputy, or an assistant head or his
deputy, of such department or agency, or bv a Contract A djustment
Board established therein. (Pub. L. 85-804, §1, Aug. 28, 1958, 72
Stat. 972.)

50 TJ.S.C. 1435. Effective period

This chapter shall be effective only during a national emergency de-
clared by Congress or the President and for six months after the ter-
mination thereof or until such earlier time as Congress, by concurrent
resolution, may designate. (Pub. L. 85-804, § 5, Aug. 28, 1958, 72
Stat. 973.)

[Emphasis supplied.]

404

— N O T E —

Excerpt from House Reft. 2232, 85th Cong., 2d Sess. (1958)

The instant bill enacts into permanent law, with certain
exceptions, the authority contained in title II of the First
War Powers Act of 1941. The original authority was both
conceived and reactivated during periods of emergency. Its
continued extensions from year to year have been based
largely upon the expression of need by the military depart-
ments of Government. Like the legislation granting the exten-
tions of title II of the First War Powers Act, the instant legis-
lation is primarily of an emergency nature. The authority
which it grants is limited therefore to periods of national
emergency and 6 months thereafter. It should be noted in this
respect that the national emergency proclaimed by President
Truman on December.16, 1950, is still in effect.

Although the President has been authorized by title II, and
is authorized by this bill, to select the departments and agen-
cies which may exercise the broad authority contained in the
bill, the President was limited by title II, and is limited by
this bill, in his selection, to those departments and agencies
of Government which exercise functions in connection with
the national defense. Furthermore, once a department or
agency has been designated by the President to exercise these
powers and procedures, such department or agency may only
utilize them whenever the action would facilitate the national
defense. The authority contained in this bill is not, therefore,
authority by which the departments and agencies of Govern-
ment may dispense aid solely for the benefit of contractors
or subcontractors. While contractors or subcontractors may
be the recipients of aid in some instances, the primary con-
sideration is, and must be, whether such aid will facilitate the
national defense.

The contracting authority granted under this bill is sub-
stantially the same as that afforded by title II of the First
War Powers Act. It permits the President to authorize (1)
any department or agency exercising functions in connection
with the national defense to amend or modify Government
contracts without additional consideration; and (2) to make
advance payments without regard to other laws relating to
Government contracts.

In addition to these two specifically authorized uses of this
authority, the departments authorized to use this authority
have heretofore utilized it as the basis for the making of in-
demnity payments under certain contracts. The need for in-
demnity clauses in most oases arises from the advent of
nuclear power and the use of highly volatile fuels in the mis-
sile program. The magnitude of the risks involved under
procurement contracts in these areas have rendered com-
mercial insurance either unavailable or limited in coverage.

[Emphasis supplied.]

405

At the present time, military departments have specific au-
thority to indemnity contractors who are engaged in haz-
ardous research and development, but this authority does not
extend to production contracts (10 U.S.C. 2354). Neverthe-
less, production contracts may involve items, the production
of which may include a substantial element of risk giving
rise to the possibility of an enormous amount of claims. It
is, therefore, the position of the military departments that
to the extent that commercial insurance is unavailable, the
risk of loss in such a case should be borne by the United
States. The Atomic Energy Commission now possesses simi-
lar indemnification authority by virtue of the enactment of
the Price-Anderson Act last year (Public Law 85-177).

In addition to the use of this authority for the indemnifica-
tion of contractors engaged in production of hazardous items,
the authority conferred by this bill has been used to effect
amendments of contracts without consideration. This author-
ity has proved both necessary and useful where the fulfill-
ment of a defense contract has been impaired by the financial
condition of a contractor whose productive capacity was es-
sential to the national defense. If such authority were not
available, the result would often be default proceedings, re-
procurement, perhaps at a higher cost, and loss of valuable
time. This authority has also been used to provide relief for
defense contractors where losses have resulted from inequi-
table action of the Government toward a particular contractor.
In this manner, contractors have been encouraged to con-
tinue performance while pursuing an administrative remedy
rather than requiring them to refuse to proceed with a con-
tract and undertaking such recourse as they might have
at law.

* * w * *

As must be evident from the foregoing explanation, the
authority contained in this bill is similar to that which has
heretofore been granted by the Congress in succeeding exten-
sions since the Korean conflict. It is extraordinary authority
which is justifiable only by reason of the emergency condi-
tions of world affairs. While it is broad in its scope, and there-
fore subject to abuse, the legislation is surrounded with
protections designed to minimize those possibilities. The
instant bill gives due recognition of the fact that the emer-
gency conditions which necessitated the existence of this
authority in the first instance is such that it is not likely to
dissipate within any short period of time. As a consequence,
it seems desirable to forego the requirement that the Congress
renew this authority by extensions of a year or 2 years in
duration. The confinement of the operation of this legislation
to the period of national emergency, phis 6 months, with the
accompanying authority in the Congress to terminate the au-
thority at an earlier date by concurrent resolution, represents

[Emphasis supplied.]

406

in the view of the committee, sufficient residual authority to
assure that if the powers granted are not at some point needed
they may be withdrawn on the initiative of the Congress.
Under these conditions, and with the understanding set forth
in this report, the committee believes that the legislation is
meritorious and should be favorably considered.

50 U.S.C. 1511. Eepokts to Congress

The Secretary of Defense shall submit semiannual reports to the
Congress on or before January 31 and on or before July 31 of each
year setting forth the amounts spent during the preceding six-month
period for research, development, test and evaluation and procurement
of all lethal and nonlethal chemical and biological agents. The Secre-
tary shall include in each report a full explanation of each expendi-
ture, including the purpose and the necessity therefor. (Pub. L. 91-121,
title IV, § 409(a) , Nov. 19, 1969, 83 Stat. 209.)

[See 50 U.S.C. (H. Kept. 607) . Infra.]

50 U.S.C. 1512. Transportation, open atr testing, and disposal;
Presidential determination ; report to Congress ; notice to Con-
gress and State Governors

None of the funds authorized to be appropriated by this Act or any
other Act may be used for the transportation of any lethal chemical or
any biological warfare agent to or from any military installation in
the United States, or the open air testing of any such agent within
the United States, or the disposal of any such agent within the United
States until the following procedures have been implemented:

(1) the Secretary of Defense (hereafter referred to in this
chapter as the "Secretary") has determined that the transporta-
tion or testing proposed to be made is necessary in the interests of
national security;

(2) the Secretary has brought the particulars of the proposed
transportation, testing, or disposal to the attention of the Secre-
tary of Health, Education, and Welfare, who in turn may direct
the Surgeon General of the Public Health Service and other
qualified persons to review such particulars with respect to any
hazards to public health and safety which such transportation,
testing, or disposal may pose and to recommend what precau-
tionary measures are necessary to protect the public health and
safety ;

(3) the Secretary has implemented any precautionary measures
recommended in accordance with paragraph (2) above (includ-
ing, where practicable, the detoxification of any such agent, if
such agent is to be transported to or from a military installation
for disposal). Provided, however, That in the event the Secretary

[Emphasis supplied.]

407

finds the recommendation submitted by the Surgeon General
would have the effect of preventing the proposed transportation,
testing, or disposal, the President may determine that overriding-
considerations of national security require such transportation,
testing, or disposal be conducted. Any transportation, testing, or
disposal conducted pursuant to such a Presidential determination
shall be carried out in the safest practicable manner, and the
President shall report his determination and an explanation
thereof to the President of the Senate and the Speaker of the
House of Representatives as far in advance as practicable; and
(4) the Secretary has provided notification that the transpor-
tation, testing, or disposal will take place, except where a Presi-
dential determination has been made: (A) to the President of
the Senate and the Speaker of the House of Representatives at
least 10 days before any such transportation will be commenced
and at least 30 days before any such testing or disposal will be
commenced; (B) to the Governor of any State through which
such agents will be transported, such notification to be provided
appropriately in advance of any such transportation.
(Pub. L. 91-121, title IV, 8 409(b), Nov. 19, 1969, 83 Stat. 209;
Pub. L. 91-441, title V, § 506(b) (1), Oct. 7, 1970, 84 Stat. 912.)
[See, 50 U.S.C. 1515 (H. Rept. 607) . Infra.]

50 U.S.C. 1513. Deployment, storage, and disposal ; notification to

HOST COUNTRY AND CONGRESS ; INTERNATIONAL LAW VIOLATIONS ; RE-
PORTS to Congress and international organizations

(1) None of the funds authorized to be appropriated by this Act or
any other Act may be used for the future deployment, storage, or dis-
posal, at any place outside the United States of —

(A) any lethal chemical or any biological warfar agent, or

(B) any delivery system specifically designed to disseminate
any such agent,

unless prior notice of such deployment, storage, or disposal has been
given to the country exercising jurisdiction over such place. In the
case of any place outside the United States which is under the juris-
diction or control of the United States Government, no such action
may be taken unless the Secretary gives prior notice of such action to
the President of the Senate and the Speaker of the House of Repre-
sentatives. As used in this paragraph, the term "United States" means
the several States and the District of Columbia.

(2) None of the funds authorized by this Act or any other Act shall
be used for the future testing, development, transportation, storage,
or dkposal of any lethal chemical or any biological warfare agent
outside the United States, or for the disposal of any munitions in
international waters, if the Secretary of State, after appropriate
notice by the Secretary whenever any such action is contemplated,
determines that such testing, development, transportation, storage, or
disposal wilj violate international law. The Secretary of State shall

[Emphasis supplied.]

408

Teport all determinations made by him under this paragraph to the
President of the Senate and the Speaker of the House of Representa-
tives, and to all appropriate international organizations, or organs
thereof, in the event such report is required by treaty or other inter-
national agreement. (Pub. L. 91-121, title IV, § 409 (c) , Nov. 19, 1969,

83 Stat. 210; Pub. L. 91-441, title V, § 506(b) (2), (3), Oct. 7, 1970,

84 Stat. 912.)

[See, 50 U.S.C. 1515 (H. Kept. 607). Infra]

50 U.S.C. 1515. Suspension ; Presidential authorization

After November 19, 1969, the operation of this section, or any por-
tion thereof, may be suspended by the President during the period of
any war declared by Congress and during the period of any national
emergency declared by Congress or by the President. (Pub. L. 91-121,
title IV, § 409(e) , Nov. 19, 1969, 83 Stat. 210.)

— N O T E —

Excerpt from House Rept. 607, 91st Cong., 2d Sess. (1970)

The House amendment provided for suspension of this
section's provisions during any war or national emergency.
The Senate recedes and accepts this provision with a modi-
fication clarifying the fact that the power of suspension is
vested in the President.

Note : The original version of this statute, Senate bill
number 2546, as introduced and passed by the Senate did
not contain any provision allowing either the Congress
or the President to suspend its operation. When the Sen-
ate bill arrived on the House floor, the late Cong. Mendel
Rivers (D., S.C.) promptly introduced amendments that
included the clause that is now numbered § 1515. Neither
the House debates, the Conference Committee reports,
nor the subsequent Senate debates which led to acceptance
of the compromise measure reveal any discussion of the
merits of the suspension provision.

50 U.S.C. 1516. Delivery systems

None of the funds authorized to be appropriated by this Act may be
used for the procurement of any delivery system specifically designed
to disseminate any lethal chemical or any biological warfare agent,
or for the procurement of any part or component of any such delivery
system, unless the President shall certify to the Congress that such
procurement is essential to the safety and security of the United States.
(Pub. L. 91-121, title IV, § 409(f), Nov. 19, 1969, 83 Stat 210.)

[See 50 U.S.C. 1515 (H. Rept. 607) . Supra.]

[Emphasis supplied.]

409

50 U.S.C. 1517. Immediate disposal when health or safety are

ENDANGERED

Nothing contained in this chapter shall be deemed to restrict the
transportation or disposal of research quantities of any lethal chemical
or any biological warfare agent, or to delay or prevent, in emergency
situations either within or outside the United States, the immediate
disposal together with any necessary associated transportation, of any
lethal chemical or any biological warfare agent when compliance with
the procedures and requirements of this chapter would clearly endan-
ger the health or safety of any person. (Pub. L. 91-121, title IV, § 409
(g), as added Pub. L. 91-141, title V, § 506(b) (4), Oct. 7, 1970, 84
Stat. 912.)

[See 50 U.S.C. 1515 (H. Eept. 607). Supra,']

50 U.S.C. 1518. Disposal; detoxification; report to Congress;

EMERGENCIES

On and after October 7, 1970, no chemical or biological warfare agent
shall be disposed of within or outside the United States unless such
agent has been detoxified or made harmless to man and his environ-
ment unless immediate disposal is clearly necessary, in an emergency,
to safeguard human life. An immediate report should be made to Con-
gress in the event of such disposal. (Pub. L. 91-441, title V, § 506(d),
Oct. 7, 1970, 84 Stat. 913.)

[See 50 U.S.C. 1515 (H. Kept. 607). Supra.]

Title 50, Appendix — War and National Defense

50 U.S.C. App. 3. Acts prohibited
It shall be unlawful —

(a) For any person in the United States, except with the license of
the President, granted to such person, or to the enemy, or ally of enemy,
as provided in this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this
Appendix] to trade, or attempt to trade, either directly or indirectly,
with, to, or from, or for, or on account of, or on behalf of, or for the
benefit of, any other person, with knowledge or reasonable cause to
believe that such other person is an enemy or ally of enemy, or is con-
ducting or taking part in such trade, directly or indirectly, for, or on
account of, or on behalf of, for the benefit of, an enemy or ally of
enemy.

(b) For any person, except with the license of the President, to
transport or attempt to transport into or from the United States, or

[Emphasis supplied.]

410

for any owner, master, or other person in charge of a vessel of Amer-
ican registry to transport or attempt to transport from any place to
any other place, any subject or citizen of an enemy or ally of enemy
nation, with knowledge or reasonable cause to believe that the person
transported or attempted to be transported is such subject or citizen.

(c) For any person (other than a person in the service of the United
States Government or of the Government of any nation, except that
of an enemy or ally of enemy nation, and other than such persons
or classes of persons as may be exempted hereunder by the President
or by such person as he may direct) , to send, or take out of, or bring
into, or attempt to send, or take out of, or bring into the United
States, any letter or other writing or tangible form of communication,
except in the regular course of the mail ; and it shall be unlawful for
any person to send, take, or transmit, or attempt to send, take, or trans-
mit out of the United States, any letter or other writing, book, map,
plan, or other paper, picture, or any telegram, cablegram, or wireless
message, or other form of communication intended for or to be de-
livered, directly or indirectly, to an enemy or ally of enemy : Provided,
however, That any person may send, take, or transmit out of the United
States anything herein forbidden if he shall first submit the same to
the President, or to such officer as the President may direct, and shall
obtain the license or consent of the President, under such rules and
regulations, and with such exemptions, as shall be prescribed by the
President.

(d) Whenever, during the present war, the President shall deem
that the public safety demands it, he may cause to be censored under
such rules and regulations as he may from time to time establish, com-
munications by mail, cable, radio, or other means of transmission
passing between the United States and any foreign country he may
from time to time specify, or which may be carried by any vessel or
other means of transportation touching at any port, place, or territory
of the United States and bound to or from any foreign country. Any
person who willfully evades or attempts to evade the submission of
any such communication to such censorship or willfully uses or at-
tempts to use any code or other device for the purpose of concealing
from such censorship the intended meaning of such communication
shall be punished as provided in section sixteen of this Act [section 16
of this Appendix]. (Oct. 6, 1917, ch. 106, S 3, 40 Stat 412.)

[See 12 U.S.C. 95 and 95a. Supra.]

50 U.S.C. App. 4. Licenses to enemy or ally or enemy insurance or
reinsurance companies j change op name; doing business in
United States

(a) Every enemy or ally of enemy insurance or reinsurance com-
pany, and every enemy or ally of enemy, doing business within the
United States through an agency or branch office, or otherwise, may
within thirty days after the passage of this Act [sections 1 to 6, 7 to 39
and 41 to 44 of this Appendix], apply to the President for a' license

[Emphasis supplied.]

411

to continue to do business; and, within thirty days after such appli-
cation, the President may enter an order either granting or refusing to
grant such license. The license, if granted, may be temporary or other-
wise, and for such period of time, and may contain such provisions
and conditions regulating the business, agencies, managers and trustees
and the control and disposition of the funds of the company, or of such
enemy or ally of enemy, as the President shall deem necessary for the
safety of the United States; and any license granted hereunder may be
revoked or regranted or renewed in such manner and at such times as
the President shall determine: Provided, however, That reasonable
notice of his intent to refuse to grant a license or to revoke a license
granted to any reinsurance company shall be given by him to all in-
surance companies incorporated within the United States and known
to the President to be doing business with such reinsurance company :
Provided, further, That no insurance company, organized within the
United States, shall be obligated to continue any existing contract,
entered into prior to the beginning of the war, with any enemy or ally
of enemy insurance or reinsurance company, but any such company
may abrogate and cancel any such contract by serving thirty days'
notice in writing upon the President of its election to abrogate such
contract.

For a period of thirty days after the passage of this Act [said sec-
tions], and further pending the entry of such order by the President,
after application made by any enemy or ally of enemy insurance or
reinsurance company, within such thirty days as above provided, the
provisions of the President's proclamation of April sixth, nineteen
hundred and seventeen, relative to agencies in the United States of
certain insurance companies, as modified by the provisions of the Presi-
dent's proclamation of July thirteenth, nineteen hundred and seven-
teen, relative to marine and war-risk insurance, shall remain in full
force and effect so far as it applies to such German insurance com-
panies, and the conditions of said proclamation of April sixth, nine-
teen hundred and seventeen, as modified by said proclamation of July
thirteenth, nineteen hundred and seventeen, shall also during said
period of thirty days after the passage of this Act [said sections],
and pending the order of the President as herein provided, apply to
any enemy or ally of enemy insurance or reinsurance company, any-
thing in this Act [said sections] to the contrary notwithstanding. It
shall be unlawful for any enemy or ally of enemy insurance or rein-
surance company, to whom license is granted, to transmit out of the
United States any funds belonging to or held for the benefit of such
company or to use any such funds as the basis for the establishment
directly or indirectly of any credit within or outside of the United
States to, or for the benefit of, or on behalf of, or on account of, an
enemy or ally of enemy.

For a period of thirty days after the passage of this Act [said sec-
tions], and further pending the entry of such order by the President,
after application made within such thirty days by any enemy or ally
of enemy, other than an insurance or reinsurance company as above
provided, it shall be lawful for such enemy or ally of enemy to con-

[Emphasis supplied.]

412

tinue to do business in this country and for any person to trade with, to
from, for, on account of, on behalf of or fo. -the benefit of such .enemy
or ally of enemy, anything in this Act [said sections] to the contrary
notwithstanding! Provided, however, That the provisions of sections
three and sixteen hereof [sections 3 and 16 of this Appendix] shall
apply to any act or attempted act of transmission or transfer of money
or other property out of the United States and to the use or attempted
use of such money or property as the basis for the establishment of any
credit within or outside of the United States to, or for the benefit of,
or on behalf of, or on account of, an enemy or ally of enemy.

If no license is applied for within thirty days after the passage of
this Act [said sections], or if a license shall be refused to any enemy
or ally of enemy, whether insurance or reinsurance company, or other
person, making application, or if any license granted shall be revoked
by the President, the provisions of sections three and sixteen hereof
[sections 3 and 16 of this Appendix] shall forthwith apply to all
trade or to any attempt to trade with, to. from, for, by, on account of,
or on behalf of, or for the benefit of such company or other person :
Provided, however. That after such refusal or revocation, anything in
this Act [said sections] to the contrary notwithstanding, it shall be
lawful for a policyholder or for an insurance company, not an enemy
or ally of enemy, holding insurance or having effected reinsurance in
or with such enemy or ally of enemy insurance or reinsurance com-
pany, to receive payment of, and for such enemy or ally of enemy in-
surance or reinsurance company to pay any premium, return premium,
claim, money, security, or other property due or which may become
due on or in respect to such insurance or reinsurance in force at the
date of such refusal or revocation of license ; and nothing in this Act
[said sections] shall vitiate or nullify then existing policies or con-
tracts of insurance or reinsurance, or the conditions thereof; and any
such policyholder or insurance company, not an enemy or ally of
enemy, having any claim to or upon money or other property of the
enemy or ally of enemy insurance or reinsurance company in the
custody or control of the Alien Property Custodian, hereinafter pro-
vided for, or of the Treasurer of the United States, may make applica-
tion for the payment thereof and may institute suit as provided in
section nine hereof [section 9 of this Appendix].

(b) During the present war, no enemy, or ally of enemy, and no
partnership of which he is a member or was a member at the beginning
of the war, shall for any purpose assume or use any name other than
that by which such enemy or partnership was ordinarily known at the
beginning of the war, except under license from the President.

Whenever, during the -present war, in the opinion of the President
the public safety or public interest requires, the President may pro-
hibit any or all foreign insurance companies from doing business in
the United States, or the President may license such company or
companies to do business upon such terms as he may deem vrover
(Oct. 6, 1917, ch. 106, §4, 40 Stat. 413.) y '

[See 12 U.S.C. 95 and 95a. Supra.]

[Emphasis supplied.]

413

50 TT.S.C. App. 5. Suspension of provisions relating to ally of
enemy; regulation of transactions in foreign exchange of gold
or silver, property transfers, vested interests, enforcement and
penalties

(a) The President, if he shall find it compatible with the safety of
the United States and with the successful ■prosecution of the war, may,
by proclamation, suspend the provisions of this Act [sections 1 to 6, 7
to 39 and 41 to 44 of this Appendix] so far as they apply to an ally of
enemy, and he may revoke or renew such suspension from time to
time; and the President may grant licenses, special or general, tem-
porary or otherwise, and for such period of time and containing such
provisions and conditions as he shall prescribe, to any person or class
of persons to do business as provided in subsection (a) of section four
hereof [section 4(a) of this Appendix], and to perform any act made
unlawful without such license in section three hereof [section .3 of
this Appendix], and to file and prosecute applications under subsec-
tion (b) of section ten hereof [section 10(b) of this Appendix] ; and
he may revoke or renew such licenses from time to time, if he shall be
of opinion that such grant or revocation or renewal shall be com-
patible with the safety of the United States and with the successful
prosecution of the war ; and he may make such rules and regulations,
not inconsistent with law, as may be necessary and proper to carry
out the provisions of this Act [sections 1 to 6, 7 to 39 and 41 to 44 of
this Appendix] ; and the President may exercise any power or au-
thority conferred by this Act [said sections] through such officer or
officers as he shall direct.

If the President shall have reasonable cause to believe that any act
is about to be performed in violation of section three hereof [section
3 of this Appendix] he shall have authority to order the postpone-
ment of the performance of such act for a period not exceeding ninety
days, pending investigation of the facts by him.

(b) (1) During the time of war or during any other period of
national emergency declared by the President, the President may,
through any agency that he may designate, or otherwise, and under
such rules and regulations as he may prescribe, by means of instruc-
tions, licenses, or otherwise —

(A) investigate, regulate, or prohibit, any transactions in for-
eign exchange, transfers of credit or payments between, by,
through, or to any banking institution, and the importing, export-
ing, hoarding, melting, or earmarking of gold or silver coin or
bullion, currency or securities, and

(B) investigate, regulate, direct and compel, nullify, void,
prevent or prohibit, any acquisition holding, withholding, use,
transfer, withdrawal, transportation, importation or exportation
of, or dealing in, or exercising any right, power, or privilege
with respect to, or transactions involving, any property in which
any foreign country or a national thereof has any interest.

by any person, or with respect to any property, subject to the jurisdic-
tion of the United States ; and any property or interest of any foreign
country or national thereof shall vest, when, as, and upon the terms,.

[Emphasis supplied.]

24-509 O 73-28

414

directed by the President, in such agency or person as may be desig-
nated from time to time by the President, and upon such terms and
conditions as the President may prescribe such interest or property
shall be held, used, administered, liquidated, sold, or otherwise dealt
with in the interest of and for the benefit of the United States, and
such designated agency or person may perform any and all acts inci-
dent to the accomplishment or furtherance of these purposes; and the
President shall, in the manner hereinabove provided, require any per-
son to keep a full record of, and to furnish under oath, in the form
of reports or otherwise, complete information relative to any act or
transaction referred to in this subdivision either before, during, or
after the completion thereof, or relative to any interest in foreign
property, or relative to any property in which any foreign country or
any national thereof lias or has had any interest, or as may be other-
wise necessary to enforce the provisions of this subdivision, and in any
case in which a report could be required, the President may, in the
manner hereinabove provided, require the production, or if necessary
to the national security or defense, the seizure, of any books of account,
records, contracts, letters, memoranda, or other papers, in the custody
or control of such person ; and the President may , in the manner here-
inabove provided, take other and further measures not inconsistent
herewith for the enforcement of this subdivision.

(2) Any payment, conveyance, transfer, assignment, or delivery of
property or interest therein, made to or for the account of the United
States, or as otherwise directed, pursuant to this subdivision or any
rule, regulation, instruction, or direction issued hereunder shall to the
extent thereof be a full acquittance and discharge for all purposes of
the obligation of the person making the same ; and no person shall be
held liable in any court for or in respect to anything dor. or omitted in
good faith in connection with the administration of, or in pursuance
of and in reliance on, this subdivision, or any rule, regulation, instruc-
tion, or direction issued hereunder.

(3) As used in this subdivision the term "United States" means
the United States and any place subject to the jurisdiction thereof:
Provided, however, That the foregoing shall not be construed as a
limitation upon the power of the President, which is hereby conferred,
to prescribe from time to time, definitions, not inconsistent with the
purposes of this subdivision, for any or all of the terms used in this
subdivision. Whoever willfully violates any of the provisions of this
subdivision or of any license, order, rule or regulation issued there-
under, shall, upon conviction, be fined not more than $10,000, or, if a
natural person, may be imprisoned for not more than ten years, or
both ; and any officer, director, or agent of any corporation who know-
ingly participates in such violation may be punished by a like fine,
imprisonment, or both. As used in this subdivision the term "person"
means an individual, partnership, association, or corporation. (Oct 6,
1917, ch. 106, § 5, 40 Stat. 415; Sept. 24, 1918, ch. 176, 8 5, 40 Stat. 966
Mar. 9, 1933, ch. 1, § 2, 48 Stat. 1 ; May 7, 1940, ch. 185, § 1, 54 Stat. 179 :
Dec. 18, 1941, ch. 593, title III, § 301 55 Stat. 839; Proc. No. 2695, July
4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

[See 12 U.S.C. 95 and 95a. Supra,]

[Emphasis supplied.]

415

50 U.S.C. Apf. 6. Alien Property Custodian; general powers

AND DUTIES

The President is authorized to appoint and prescribe the duties of
an official to be known as the Alien Property Custodian, who shall be
empowered to receive all money and property in the United States due
or belonging to an enemy, or ally of enemy, which may be paid, con-
veyed, transferred, assigned, or delivered to said custodian under the
provisions of this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this
Appendix] ; and to hold, administer, and account for the same under
the general direction of the President and as provided in this Act
[said sections]. The Alien Property Custodian shall give such bond
or bonds, and in such form and amount, and with such security as the
President shall prescribe. The President may further employ in the
District of Columbia and elsewhere and fix the compensation of such
clerks, attorneys, investigators, accountants, and other employees as
he may find necessary for the due administration of the provisions of
this Act [said sections] ; Provided, That such clerks, investigators,
accountants, and other employees shall be appointed from lists of eli-
gibles to be supplied by the Civil Service Commission and in accord-
ance with the civil-service law : Provided further, That the President
shall cause a detailed report to be made to Congress on the first day
of January of each year of all proceedings had under this Act [said
sections] during the year preceding. Such report shall contain a list
of all persons appointed or employed, with the salary or compensation
paid to each, and a statement of the different kinds of property taken
into custody and the disposition made thereof. (Oct. 6, 1917, ch. 10C,
§ 6, 40 Stat. 415.)

[See 12 TJ.S.C. 95 and 95a. Supra.]

50 U.S.C. App. 7. Lists or enemy or ally of enemy officers, direc-
tors or stockholders of corporations in United States; acts
constttuttng trade with enemy prior to passage of Act ; convey-
ance of property to custodian ; voluntary payment to custodian
by holder ; acts under order, rule, or regulation

(a) Every corporation incorporated within the United States, and
every unincorporated association, or company, or trustee, or trustees
within the United States, issuing shares or certificates representing
beneficial interests, shall, under such rules and regulations as the Presi-
dent may prescribe and, within sixty days after the passage of this
Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix] and at
such other times thereafter as the President may require, transmit
to the Alien Property Custodian a full list, duly sworn to, of every
officer, director, or stockholder known to be, or whom the representa-
tive of such corporation, association, company, or trustee has reason-
able cause to believe to be an enemy or ally of enemy resident within
the territory, or a subject or citizen residing outside of the United
State, of any nation with which the United States is at war, or resi-
dent within the territory, or a subject or citizen residing outside of

[Emphasis supplied.]

416

the United States, of any ally of any nation with United
States is at war, together with the amount of stock or shares owned
by each such officerf director, or stockholder, or in which he has any

^hTpresident may also require a similar list to be transmitted of
all stock or shares owned on February third, nineteen hundred and
seventeen, by any person now defined as an enemy or ally of enemy,
or in which any such person had any interest; and he may also require
a list to be transmitted of all cases in which said corporation, associa-
tion, company, or trustee has reasonable cause to believe that the stock
or shares on February third, nineteen hundred and seventeen, were
owned or are owned by such enemy or ally of enemy, though standing
on the books in the name of another: Provided, however, That the
name of any such officer, director, or stockholder, shall be stricken
permanently or temporarily from such list by the Alien Property Cus-
todian when he shall be satisfied that he is not such enemy or ally
of enemy.

Any person in the United States who holds or has or shall hold or
have custody or control of any property beneficial or otherwise, alone
or jointly with others, of, for, or on behalf of an enemy or ally of
enemy, or of any person whom he may have reasonable cause to believe
to be an enemy or ally of enemy and any person in the United
States who is or shall be indebted in any way to an enemy or ally of
enemy, or to any person whom he may have reasonable cause to be-
lieve to be an enemy or ally of enemy, shall, with such exceptions and
under such rules and regulations as the President shall prescribe, and
within thirty days after the passage of this Act [said sections], or
within thirty davs after such property shall come within his custody
or control, or after such debt shall become due, report the fact to
the Alien Property Custodian by written statement under oath con-
taining such particulars as said custodian shall require. The President
may also require a similar report of all property so held, of. for, or on
behalf of, and of all debts so owed to, any person now defined as an
enemy or ally of enemy, on February third, nineteen hundred and
seventeen : Provided, That the name of any person shall be stricken
from the said report by the Alien Property Custodian, either tempo-
rarily or permanently, when he shall be satisfied that such person is not
an enemy or ally of enemy. The President may extend the time for
filing the lists or reports required by this section for an additional
period not exceeding ninety days.

(b) Nothing in this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this
Appendix] contained shall render valid or legal, or be construed to
recognize as valid or legal, any act or transaction constituting trade
with, to, from, for or on account of, or on behalf or for the benefit of
an enemy performed or engaged in since the beginning of the war
and prior to the passage of this Act [said sections] or any such
act or transaction hereafter performed or engaged in except as author-
ized hereunder, which would otherwise have been or be void, illegal,
or invalid at law. No conveyance, transfer, delivery, payment, or
loan of money or other property, in violation of section three hereof
[section 3 of this Appendix], made after the passage of this Act

[Emphasis supplied.]

417

[sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix] and not under
license as herein provided shall confer or create any right or remedy in
respect thereof; and no person shall by virtue of any assignment,
indorsement, or delivery to him of any debt, bill, note, or other obliga-
tion or chose in action by, from, or on behalf of, or on account of, or
for the benefit of an enemy or ally of enemy have any right or remedy
against the debtor, obligor, or other person liable to pay, fulfill, or
perform the same unless said assignment, indorsement, or delivery
was made prior to the beginning of the war or shall be made under
license as herein provided, or unless, if made after the beginning of
the war and prior to the date of passage of this Act [said sections],
the person to whom the same was made shall prove lack of knowledge
and of reasonable cause to believe on his part that the same was made
by, from or on behalf of, or on account of, or for the benefit of an enemy
or ally of enemy ; and any person who knowingly pays, discharges, or
satisfies any such debt, note, bill, or other obligation or chose in action
shall, on conviction thereof, be deemed to violate section three hereof
[section 3 of this Appendix] : Provided, That nothing in this Act
[sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix] contained shall
prevent the carrying out, completion, or performance of any contract,
agreement, or obligation originally made with or entered into by an
enemy or ally of enemy where, prior to the beginning of the war and
not in contemplation thereof, the interest of such enemy or ally of
enemy devolved by assignment or otherwise upon a person not an
enemy or ally of enemy, and no enemy or ally of enemy will be bene-
fited by such carrying out completion, or performance otherwise than
by release from obligation thereunder.

Nothing in this Act [said sections] shall be deemed to prevent pay-
ment of money belonging or owing to an enemy or ally of enemy to a
person within the United States not an enemy or ally of enemy, for
the benefit of such person or of any other person within the United
States, not an enemy or ally of enemy, if the funds so paid shall have
been received prior to the beginning of the war and such payments
arise out of transactions entered into prior to the beginning of the
war, and not in contemplation thereof : Provided, That such payment
shall not be made without the license of the President, general or
special, as provided in this Act [said sections].

Nothing in this Act [said sections] shall be deemed to authorize
the prosecution of any suit or action at law or in equity in any court
within the United States by an enemy or ally of enemy prior to the
end of the war, except as provided in section ten hereof [section 10 of
this Appendix] : Provided, however, That an enemy or ally of enemy
licensed to do business under this Act [sections 1 to 6, 7 to 39 and 41
to 44 of this Appendix] may prosecute and maintain any such suit
or action so far as the same arises solely out of the business transacted
within the United States under such license and so long as such license
remains in full force and effect : And provided further, That an enemy
or ally of enemy may defend by counsel any suit in equity or action
at law which may be brought against him.

Receipt of notice from the President to the effect that he has reason-
able ground to believe that any person is an enemy or ally of enemy

[Emphasis supplied.]

418

tha the pe?so Sfag such notic/has reasonable cause to believe
such other person to be In enemy or ally of enemy within the mean-
ing of section three hereof [section 3 of this Appendix]

7c) If the President shall so require any money or other property
including (but not thereby limiting the generality of the above)
patents, copyrights, applications therefor, and rights to apply for the
same, trade marks, choses in action, and rights and claims of every
character and description owing or belonging to or held for, by, on
account of, or on behalf of, or for the benefit of, an enemy or allv of
enemy not holding a license granted by the President hereunder,
which the President after investigation shall determine is so owing
or so belongs or is so held, shall be conveyed, transferred, assigned,
delivered, or paid over to the Alien Property Custodian, or the same
may be seized by the Alien Property Custodian ; and all property thus
acquired shall be held, administered and disposed of as elsewhere
provided in this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this
Appendix].

Any requirement made pursuant to this Act [said sections], or a
duly certified copy thereof, may be filed, registered, or recorded in any
office for the filing, registering, or recording of conveyances, transfers,
or assignments of any such property or rights as may be covered by
such requirement (including the proper office for filing, registering,
or recording conveyances, transfers, or assignments of patents, copy-
rights, trade-marks, or any rights therein or any other rights) ; and
if so filed, registered, or recorded shall impart the same notice and
have the same force and effect as a duly executed conveyance, trans-
fer, or assignment to the Alien Property Custodian so filed, registered,
or recorded.

Whenever any such property shall consist of shares of stock or
other beneficial interest in any corporation, association, or company
or trust, it shall be the duty of the corporation, association, or com-
pany or trustee or trustees issuing such shares or any certificates or
other instruments representing the same or any other beneficial in-
terest to cancel upon its, his, or their books all shores of stock or other
beneficial interest standing upon its, his, or their books in the name of
any person or persons, or held for, on account ol, or on behalf of, or
for the benefit of any person or persons who sha I have been deter-
mined by the President, after investigation, to be so enemy or ally of
enemy, and which shall have been required to be conveyed, trans-
ferred, assigned, or delivered to the Alien Propeivv Custodian or
seized by him, and in lieu thereof to issue certificates or other instru-
ments for such shares or other beneficial interest to the Alien Property
Custodian or otherwise, as the Alien Property Custodian shall require.

419

The sole relief and remedy of any person having any claim to any
money or other property heretofore or hereafter conveyed, transfer-
red, assigned, delivered, or paid over to the Alien Property Custodian,
or required so to be, or seized by him shall be that provided by the
terms of this Act [said sections] , and in the event of sale or other dis-
position of such property by the Alien Property Custodian, shall be
limited to and enforced against the net proceeds received therefrom
and held by the Alien Property Custodian or by the Treasurer of the
United States.

(d) If not required to pay, convey, transfer, assign, or deliver under
the provisions of subsection (c) of this section, any person not an
enemy or ally of enemy who owes to, or holds for, or on account of, or
on behalf of, or for the benefit of an enemy or of an ally of enemy not
holding a license granted by the President hereunder, any money or
other property, or to whom any obligation or form of liability to such
enemy or ally of enemy is presented for payment, may, at his option,
with the consent of the President, pay, convey, transfer, assign, or
deliver to the Alien Property Custodian said money or other property
under such rules and regulations as the President shall prescribe.

(e) No person shall be held liable in any court for or in respect to
anything done or omitted in pursuance of any order, rule, or regula-
tion made by the President under the authority of this Act [sections
1 to 6, 7 to 39 and 41 to 44 of this Appendix].

Any payment, conveyance, transfer, assignment, or delivery of
money or property made to the Alien Property Custodian hereunder
shall be a full acquittance and discharge for all purposes of the obliga-
tion of the person making the same to the extent of same. The Alien
Property Custodian and such other persons as the President may ap-
point shall have power to execute, acknowledge, and deliver any such
instrument or instruments as may be necessary or proper to evidence
upon the record or otherwise such acquittance and discharge, and
shall, in case of payment to the Alien Property Custodian of any debt
or obligation owed to an enemy or ally of enemy, deliver up any notes,
bonds, or other evidences of indebtedness or obligation, or any security
therefor in which such enemy or ally of enemy had anv right or in-
terest that may have come into the possession of the Alien Property
Custodian, with like effect as if he or they, respectivelv, were dul v ap-
pointed bv the enemy or ally of enemy, creditor, or obligee. The Presi-
dent shall issue to every person so appointed a certificate of the ap-
pointment and authority of such person, and such certificate shall be
received in evidence in all courts within the United States. Whenever
any such certificate of authority shall be offered to anv registrar, clerk,
or other recording officer, Federal or otherwise, within the United
States, such officer shall record the same in like manner as a power of
attorney, and such record or a duly certified copy thereof shall be
received in evidence in all courts of the United States or other courts
within the United States. (Oct. 6. 1917, ch. 106, § 7, 40 Stat. 416; Nov.
4, 1918, ch. 201. § 1, 40 Stat. 1020.)

[See 12 U.S.C. 95 and 95a. Supra.]

[Emphasis supplied.]

420

50. U.S.C. App. 8. Contracts, mortgages, or pledges against or with

ENEMY OR ALLY OF ENEMY ; ABROGATION OF CONTRACTS ; SUSPENSION OF
LIMITATIONS

(a) Any person not an enemy or ally of enemy holding a lawful
mortgage, pledge, or lien, or other right in the nature of security in
property of an enemy or ally of enemy which, by law or by the terms
of the instrument creating such mortgage, pledge, or lien, or right,
may be disposed of on notice or presentation or demand, and any per-
son not an enemy or ally of enemy who is a party to any lawful con-
tract with an enemy or ally of enemy, the terms of which provide for a
termination thereof upon notice or for acceleration of maturity on
presentation or demand, may continue to hold said property, and, after
default, may dispose of the property in accordance with law or may
terminate or mature such contract by notice or presentation or demand
served or made on the alien property custodian in accordance with the
law and the terms of such instrument or contract and under such rules
and regulations as the President shall prescribe; and such notice and
such presentation and demand shall have, in all respects, the same force
and effect as if duly served or made upon the enemy or ally of enemy
personally: Provided, That no such rule or regulation shall require
that notice or presentation or demand shall be served or made in any
case in which, by law or by the terms of said instrument or contract, no
notice, presentation, or demand was, prior to the passage of this Act
[sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix], required; and
that in case were, by law or by the terms of such inustrument or con-
tract, notice is required, no longer period of notice shall be required:
Provided further, That if, on any such disposition of property, a sur-
plus shall remain after the satisfaction of the mortgage, pledge, lien,
or other right in the nature of security, notice of that fact shall be
given to the President pursuant to such rules and regulations as he
may prescribe, and such surplus shall be held subject to his further
order.

(b) Any contract entered into prior to the beginning of the war be-
tween any citizen of the United States or any corporation organized
within the United States, and an enemy or ally of an enemy, the terms
of which provide for the delivery, during or after any war in which a
present enemy or ally of enemy nation has been or is now engaged, of
anything produced, mined, or manufactured in the United States, may
be abrogated by such citizen or corporation by serving thirty days'
notice in writing upon the alien property custodian of his or its elec-
tion to abrogate such contract.

(c) The running of any statute of limitations shall be suspended
with reference to the rights or remedies on any contract or obligation
entered into prior to the beginning of the war between parties neither
of whom is an enemy or ally of enemy, and containing any promise to
pay or liability for payment which is evidenced by drafts or other com-
mercial paper drawn against or secured by funds or other property
situated in an enemy or ally of enemy country, and no suit shall be
maintained on any such contract or obligation in any court within
the United States imtil after the end of the war, or until the said funds

[Emphasis supplied.]

421

or property shall be released for the payment or satisfaction of such
contract or obligation : Provided, however, That nothing herein con-
tained shall be construed to prevent the suspension of the running of
the statute of limitations in all other cases where such suspension
would occur under existing law. (Oct. 6, 1917, ch. 106, § 8, 40 Stat. 418.)
[Sec. 12 U.S.C. 95 and 95a, Supra.]

50 U.S.C. App. 9. Claims to property transferred to custodian;
notice of claim; filing; return of property; suits to recover;
sale of claimed property in time of war or during national
emergency

(a) Any person not an enemy or ally of enemy claiming any interest,
right, or title in any money or other property which may have been
conveyed, transferred, assigned, delivered, or paid to the Alien Prop-
erty Custodian or seized by him hereunder and held by him or by the
Treasurer of the United States, or to whom any debt may be owing
from an enemy or ally of enemy whose property or any part thereof
shall have been conveyed, transferred, assigned, delivered, or paid to
the Alien Property Custodian or seized by him hereunder and held
by him or by the Treasurer of the United States may file with the said
custodian a notice of his claim under oath and in such form and con-
taining such particulars as the said custodian shall require; and the
President, if application is made therefore by the claimant, may order
the payment, conveyance, transfer, assignment, or delivery to said
claimant of the money or other property so held by the Alien Property
Custodian or by the Treasurer of the United States, or of the interest
therein to which the President shall determine said claimant is en-
titled: Provided, That no such order by the President shall bar any
person from the prosecution of any suit at law in equity against the
claimant to establish any right, title, or interest which he may have in
such money or other property. If the President shall not so order within
sixty days after the filing of such application or if the claimant shall
have filed the notice as above required and shall have ma.de no appli-
cation to the President, said claimant may institute a suit in equity in
the United States District Court for the District of Columbia or in the
district court of the United States for the district in which such claim-
ant resides, or, if a corporation, where it has its principal place of busi-
ness (to which suit the Alien Property Custodian or the Treasurer of
the United States, as the case may be, shall be made a party defend-
ant), to establish the interest, right, title, or debt so claimed, and if so
established the court shall order the payment, conveyance, transfer,
assignment, or delivery to said claimant of the money or other prop-
erty so held by the Alien Property Custodian or by the Treasurer of
the United States or the interest therein to which the court shall deter-
mine said claimant is entitled. If suit shall be so instituted, then such
money or property shall be retained in the custody of the Alien Prop-
erty Custodian, or in the Treasury of the United States, as provided in
this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], and

[Emphasis supplied.]

422

until any final judgment or decree which shall be entered in favor of
the claimant shall be fully satisfied by payment or conveyance, trans-
fer, assignments, or deliveryby the defendant, or by the Alien property
Custodian, or Treasurer of the United States on order of the court, or
until final judgment or decree shall be entered against the claimant
or suit otherwise terminated: Provided further, That upon a deter-
mination made by the President, in time of war or during any national
emergency declared by the President, that the interest and welfare of
the United States require the sale of any property or interest or any
part thereof claimed in any suit filed under this subsection and pend-
ing on or after the date of enactment [Oct. 22, 1962] of this proviso
the Alien Property Custodian or any successor officer, or agency may
sell such property or interest or part thereof, in conformity with law
applicable to sales of property by him, at any time prior to the entry
of final judgment in such suit. No such sale shall be made until thirty
days have passed after the publication of notice in the Federal Reg-
ister of the intention to sell. The net proceeds of any such sale shall
be deposited in a special account established in the Treasury, and shall
be held in trust by the Secretary of the Treasury pending the entry of
final judgment in such suit. Any recovery of any claimant in any such
suit in respect of the property or interest or part thereof so sold shall
be satisfied from the net proceeds of such sale unless such claimant,
within sixty days after receipt of notice of the amount of net proceeds
of sale serves upon the Alien Property Custodian, or any successor
officer or agency, and files with the court an election to waive all
claims to the net proceeds, or any part thereof, and to claim just com-
pensation instead. If the court finds that the claimant has established
an interest, right, or title in any property in respect of which such an
election has been served and filed, it shall proceed to determine the
amount which will constitute just compensation for such interest,
right, or title, and shall order payment to the claimant of the amount
so determined. An order for the payment of just compensation here-
under shall be a judgment against the United States and shall be pay-
able first from the net proceeds of the sale in an amount not to exceed
the amount the claimant would have received had he elected to accept
his proportionate part of the net proceeds of the sale, and the balance,
if any, shall be payable in the same manner as are judgments in cases
arising under section 1346 of Title 2S. The Alien Property Custodian
or any successor officer or agency shall, immediately upon the entry
of final judgment, notify the Secretary of the Treasury of the deter-
mination by final judgment of the claimant's interest and right to
the proportionate part of the net proceeds from the sale, and the final
determination by judgment of the amount of just compensation in
the event the claimant has elected to recover just compensation for
the interest in the property he claimed.

(b) In respect of all money or other property conveyed, transferred,
assigned, delivered, or paid to the Alien Property Custodian or seized
by him hereunder and held by him or by the Treasurer of the United
States, if the President shall determine that the owner thereof at the
time such money or other property was required to be so conveyed
transferred, assigned, delivered, or paid to the Alien Property Cus-
[Emphasis supplied.]

423

"todian or at the time when it was voluntarily delivered to him or was
seized by him was —

(1) A citizen or subject of any nation or State or free city other
than Germany or Austria or Hungary or Austria-Hungary, and
is at the time of the return of such money or other property here-
under a citizen or subject of any such nation or State or free city ;
or

(2) A woman who, at the time of her marriage, was a subject
or citizen of a nation which has remained neutral in the war, or of
a nation which was associated with the United States in the prose-
cution of said war, and who, prior to April 6, 1917, intermarried
with a subject or citizen of Germany or Austria-Hungary and
that the money or other property concerned was not acquired by
such woman, either directly or indirectly from any subject or
citizen of Germany or Austria-Hungary subsequent to January 1,
1917; or

(3) A woman who at the time of her marriage was a citizen of
the United States, and who prior to April 6, 1917, intermarried
with a subject or citizen of Germany or Austria-Hungary, and
that the money or other property concerned, was not acquired by
such womar either directly or indirectly, from any subject or citi-
zen of Ger'uany or Austria-Hungary subsequent to January 1,
1917; or w'io was a daughter of a resident citizen of the-United
States and herself a resident or former resident thereof, or the
minor daughter or daughters of such woman, she being deceased ;
or

(3A) An individual who was at such time a citizen or subject of
Germany, Austria, Hungary, or Austria-Hungary, or not a citi-
zen or subject of any nation, state or free city, and that the money
or other property concerned was acquired by such individual
while a bona fide resident of the United States, and that such in-
dividual, on January 1, 1926, and at the time of the return of the
money or other property, shall be a bona fide resident of the
United States; or

(3B) Any individual who at such time was not a subject or citi-
zen of Germany, Austria, Hungary, or Austria-Hungary, and
who is now a citizen or subject of a neutral or allied country :
Provided, however, That nothing contained herein shall be con-
strued as limiting or abrogating any existing rights of an indi-
vidual under the provisions of this Act [sections 1 to 6, 7 to 39 and
41 to 44 of this Appendix] ; or

(4) A citizen or subject of Germany or Austria or Hungary or
Austria-Hungary and was at the time of the severance of diplo-
matic relations between the United States and such nations,
respectively, accredited to the United States as a diplomatic or
consular officer of any such nation, or the wife or minor child of
such officer, and that the money or other property concerned was
within the territory of the United States by reason of the service
of such officer in such capacity ; or

(5) A citizen or subject of Germany or Austria-Hungary, who
by virtue of the provisions of sections 4067, 4068, 4069, and 4070
of the Kevised Statutes [sections 21 to 24 of this title] and of the

424

proclamations and regulations thereunder, was transferred, after
arrest, into the custody of the War Department of the United
States for detention during the war and is at the time of the re-
turn of his money or other property hereunder living within the
United States ; or

(6) A partnership, association, or other unincorporated body of
individuals outside the United States, or a corporation incorpo-
rated within any country other than the United States, and was
entirely owned at such time by subjects or citizens of nations,
States, or free cities other than Germany or Austria or Hungary
or Austria-Hungary and is so owned at the time of the return of
its money or other property hereunder ; or

(7) The Government of Bulgaria or Turkey, or any political or
municipal subdivision thereof ; or

(8) The Government of Germany or Austria or Hungary or
Austria-Hungary, and that the money or other property con-
cerned was the diplomatic or consular property of such Govern-
ment; or

(9) An individual who was at such time a citizen or subject of
Germany, Austria, Hungary, or Austria-Hungary, or who is not
a citizen or subject of any nation, State or free city, and that such
money or other property, or the proceeds thereof, if the same has
been converted, does not exceed in value the sum of $10,000, or
although exceeding in value the sum of $10,000 is nevertheless
susceptible of division, and the part thereof to be returned here-
under does not exceed in value the sum of $10,000 : Provided, That
an individual shall not be entitled, under this paragraph, to the
return of any money or other property owned by a partnership,
association, unincorporated body of individuals, or corporation at
the time it was conveyed, transferred, assigned, delivered, or paid
to the Alien Property Custodian, or seized by him hereunder ; or

(10) A partnership, association, other unincorporated body of
individuals, or corporation, and that it is not otherwise entitled
to the return of its money or other property, or any part thereof,
under this section, and that such money or other property, or the
proceeds thereof, if the same has been converted, does not exceed
in value the sum of $10,000, or although exceeding in value the
sum of $10,000, is nevertheless susceptible of division, and the
part thereof to be returned hereunder does not exceed in value
the sum of $10,000 ; or

(11) A partnership, association, or other unincorporated body
of individuals, having its principal place of business within any
country other than Germany, Austria, Hungary, or Austria-
Hungary, or a corporation organized or incorporated within any
country other than Germany, Austria, Hungary, or Austria-Hun-
gary, and that the control of, or more than 50 per centum of the
interests or voting power in, any such partnership, association,
other unincorporated body of individuals, or corporation, was at
such time, and is at the time of the return of any money or other
property, vested in citizens or subjects of nations, States, or free
cities other than Germany, Austria, Hungary, or Austria-Hun-
gary: Provided, however, That this subsection shall not affect

425

:any rights which any citizen or subject may have under para-
graph (1) of this subsection ; or

(12) A partnership, association, or other unincorporated body
■of individuals, or a corporation, and was entirely owned at such
time by subjects or citizens of nations, States, or free cities other
than Austria or Hungary or Austria-Hungary and is so owned
at the time of the return of its money or other property, and has
filed the written consent provided for in subsection (m) of this
section; or

(13) A partnership, association or other unincorporated body
of individuals, having its principal place of business at such time
within any country other than Austria, Hungary, or Austria-
Hungary, or a corporation organized or incorporated within any
country other than Austria, Hungary, or Austria-Hungary, and
that the written consent provided for in subsection (m) of this
section has been filed ; or

(14) An individual who at such time was a citizen or subject
of Germany or who, at the time of the return of any money or
other property, is a citizen or subject of Germany or is not a citi-
zen or subject of any nation, State, or free city, and that the
written consent provided for in subsection (m) of this section has
been filed ; or

(15) Repealed. Aug. 6, 1956, ch. 1016, § 3, 70 Stat. 1073.

(16) An individual, partnership, association, or other unin-
corporated body of individuals, or a corporation, and that the
written consent provided for in subsection (m) of this section has
been filed, and that no suit or proceeding against the United States
or any agency thereof is pending in respect of such return, and
that such individual has filed a written waiver renouncing on
behalf of himself, his heirs, successors, and assigns any claim
based upon the fact that at the time of such return he was in
fact entitled to such return under any other provision of this Act
[sections 1 to 6, 7 to 39 and 41 to 44 of this Appendix] ; or

(17) A partnership, association, or other unincorporated body
of individuals, or a corporation, and was entirely owned at such
time by citizens of Austria and is so owned at the time bf the
return of its money or other property ; or

(18) A partnership, association, or other unincorporated body
of individuals, having its principal place of business at such time
within Austria, or a corporation organized or incorporated within
Austria ; or

(19) An individual who at such time was a citizen of Austria
or who, at the time of the return of any money or other property,
is. a citizen of Austria ; or

(20) A partnership, association, or other unincorporated body
of individuals, or a corporation, and was entirely owned at such
time by citizens of Hungary and is so owned at the time of the
return'of its money or other property ; or

(21 ) A partnership, association, or other unincorporated body
of individuals, having its principal place of business at such time
within Hungary, or a corporation organized or incorporated
within Hungary ; or

426

(22) An individual who at such time was a citizen of Hungary
or who, at the time of the return of any money or other property,
is a citizen of Hungary ;
Then the President, without any application bezng made therefor,
may order the payment, conveyance, transfer, assignment, or delivery
of such money or other property held by the Alien Property Custodian
or by the Treasurer of the United States, or of the interest therein to
which the President shall determine such person entitled, either to the
said owner or to the person by whom said property was conveyed,
transferred, assigned, delivered, or paid over to the Alien Property
Custodian : Provided, That no person shall be deemed or held to be a
citizen or subject of Germany or Austria or Hungary or Austria-
Hungary for the purposes of this section, even though he was such
citizen or subject at the time first specified in this subsection, if he has
become or shall become, ipso facto or through exercise of option, a
citizen or subject of any nation or State or free city other than Ger-
many, Austria, or Hungary, (first) under the terms of such treaties of
peace as have been or may be concluded subsequent to November 11,
1918. between Germany or Austria or Hungary (of the one part) and
the United States and/or three or more of the following-named
powers: The British Empire, France, Italy, and Japan (of the other
part), or (second) under the terms of such treaties as have been or
may be concluded in pursuance of the treaties of peace aforesaid be-
tween any nation, State, or free city (of the one pare) whose territories,
in whole or in part, on August 4, 1914, formed a portion of. the ter-
ritory of Germany or Austria-Hungary and the 1 fnited States and/or
three or more of the following-named powers: The British Empire,
France, Italy, and Japan (of the other part). For the purposes of this
section any citizen or subiect of a State or free city which at the time
of the proposed return of money or other property of such citizen or
subject hereunder forms a part of the territory of any one of the
following nations : Germany, Austria, or Hungary, shall be deemed to
be a citizen or subject of such nation. And the receipt of the said owner
or of the person by whom said money or other propery was conveyed,
transf°rred. nssi<Trned. delivered, or paid over to the Alien Property
Custodian shall be a full acquittance and discharge of the Alien Prop-
erty Custodian or the Treasurer of the United States, as the case may
be. and of the United States in respect to all claims of all persons here-
tofore or hereafter claiming any right, title, or interest in said money
or other property, or compensation or damages arising from the cap-
ture of such money or other property by the President or the Alien
Property Custodian : Provided further, however. That except as herein
provided no such action by the President shall bar anv person from the
prosecution of anv suit at law or in equity to establish any right, title,
or interest which he may have therein.

(p\ Anv person whose monev or other propertv the President is au-
thorized to return under the provisions of subsection (b) of this sec-
tion mav file notice of claim for the return of such monev or other
property, as provided in subsection ( a) of this section, and thereafter
mav make application to the President for allowance of such claim
and/or may institute suit in equity to recover such money or other

[Emphnsis supplied.]

427

property, as provided in said subsection, and with like effect. The
President or the court, as the case may be, may make the same deter-
minations with respect to citizenship and other relevant facts that the
President is authorized to make under the provisions of subsection (b)
of this section.

(d) Whenever an individual, deceased, would have been entitled, if
living, to the return of any money or other property without filing the
written consent provided for in subsection ( m ) of this section, then his
legal representative may proceed for the return of such money or other
property in the same manner as such individual might proceed if liv-
ing, and such money or other property may be returned to such legal
representative without requiring the appointment of an administrator,
or an ancillary administrator, by a court in the United States, or to
any such ancillary administrator, for distribution directly to the
persons entitled thereto. Return in accordance with the provisions of
this subsection may be made in any case where an application or court
proceeding by any legal representative, under the provisions of this
subsection before its amendment by the Settlement of War Claims Act
of 1928 [Act March 10, 1928, ch. 167] is pending and undetermined at
the time of the enactment of such Act. All bonds or other security
given under the provisions of this subsection before such amendment
shall be canceled or released and all sureties thereon discharged.

(e) No money or other property shall be returned nor any debt
allowed under this section to any person who is a citizen or subject
of any nation which was associated with the United States in the
prosecution of the war, unless such nation in like case extends recip-
rocal rights to citizens of the United States : Provided, That any ar-
rangement made by a foreign nation for the release of money and
other property of American citizens and certified by the Secretary of
State to the Attorney General as fair and the most advantageous ar-
rangement obtainable shall be regarded as meeting this requirement;
nor in any event shall a debt be allowed under this section unless it
was owing to and owned by the claimant prior to October 6, 1917, and
as to claimants other than citizens of the United States unless it arose
with reference to the money or other property held by the Alien Prop-
erty Custodian or Treasurer of the United States hereunder ; nor shall
a debt be allowed under this section unless notice of the claim has
been filed, or application therefor has been made, prior to the date of
the enactment of the Settlement of War Claims Act of 1928 [Act
March 10, 1928, ch. 167].

(f) Except as herein provided, the money or other property con-
veyed, transferred, assigned, delivered, or paid to the Alien Property
Custodian, shall not be liable to lien, attachment, garnishment, trustee
process, or execution, or subject to any order or decree of any court.

(g) Whenever an individual, deceased, would have been entitled, if
living, to the return of any money or other property upon filing the
written consent provided for in subsection (m) of this section, then his
legal representative may proceed for the return of such money or
other property in the same manner as such individual might proceed
if living, and such money or other property may be returned, upon
filing the written consent provided for in subsection (m) of this sec-
tion, to such legal representative without requiring the appointment

428

of an administrator, or an ancillary administrator, by a court ui the
TTnftPd Statei Tor to any such ancillary administrator, for distribution
S pe ons' enddeTthereto. ThisYubsection ?hall not ^ construed
as extinguishing or diminishing any right which any citizen of the
United States „fay have had under this subsection prior to its amend-
ment by the Settlement of War Claims Act of 1928 [Act March 10
1928, ch. 167] to receive in full his interest in the property of any
individual dying before such amendment. mt„^„j

(h) The aggregate value of the money or other property returned
under paragraph! (9) and (10) of subsection (b) of this section to
any person, irrespective of the number of trusts involved, shall in no

case exceed $10,000. , . u »• /u\

(i) For the purposes of paragraphs (9) and (10) of subsection (b)
of this section accumulated net income, dividends, interest, annuities,
and other earnings, shall be considered as part of the principal.

(j) The Alien Property Custodian is authorized and directed to re-
turn to the person entitled thereto, whether or not an enemy or ally
of enemy and regardless of the value, any patent, trade-mark, print,
label, copyright, or right therein or claim thereto, which was con-
veyed, transferred, assigned, or delivered to the Alien Property Cus-
todian, or seized by him, and which has not been sold, licensed, or
otherwise disposed of under the provisions of this Act [sections 1 to 6,
7 to 39 and 41 to 44 of this Appendix], and to return any such patent,
trade-mark, print, label, copyright, or right therein or claim thereto,
which has been licensed, except that any patent, trade-mark, print,
label, copyright, or right therein or claim thereto, which is returned
by the Alien Property Custodian and which has been licensed, or in
respect of which any contract has been entered into, or which is sub-
ject to any lien or encumbrance, shall be returned subject to the license,
contract, lien, or encumbrance.

(k) Except as provided in section 27 [section 27 of this Appendix],
paragraphs (12) to (22), both inclusive, of subsection (b) of this sec-
tion shall apply to the proceeds received from the sale, license, or
other disposition of any patent, trade-mark, print, label, copyright,
or right therein or claim thereto, conveyed, transferred, assigned, or
delivered to the Alien Property Custodian, or seized by him.

(1) This section shall apply to royalties paid to the Alien Property
Custodian, in accordance with a judgment or decree in a suit brought
under subsection (f ) of section 10 [section 10 (f ) of this Appendix] ;
but shall not apply to any other money paid to the Alien Property
Custodian under section 10 [section 10 of this Appendix].

(m) No money or other property shall be returned under para-
graphs (12), (13), (14), or (16) of subsection (b) of this section or un-
der subsection (g) or (n) of this section or (to the extent therein pro-
vided) under subsection (p) of this section, unless the person entitled
thereto files a written consent to a postponement of the return of an
amount equal to 20 per centum of the aggregate value of such money
or other property (at the time, as nearly as may be, of the return), as
determined by the Alien Property Custodian, and the investment of
such amount in accordance with the provisions of section 25 [section
25 of this Appendix]. Such amount shall be deducted from the money
to be returned to such person, so far as possible, and the balance shall

429

be deducted from the proceeds of the sale of so much of the property
as may be necessary, unless such person pays the balance to the Alien
Property Custodian, except that no property shall be so sold prior to
the expiration of six years from the date of the enactment of the
Settlement of War Claims Act of 1928 [Act March 10, 1928, ch. 167]
without the consent of the person entitled thereto. The amounts so
deducted shall be returned to the persons entitled thereto as provided
in subsection (f ) of section 25 [section 25 (f ) of this Appendix]. The
sale of any such property shall be made in accordance with the provi-
sions of section 12 [section 12 of this Appendix] , except that the pro-
visions of such section relating to sales or resales to, or for the benefit
of, citizens of the United States shall not be applicable. If such aggre-
gate value of the money or other property to be returned under para-
graphs (12), (13), (14), or (16) of subsection (b) of this section or
under subsection (g) of this section is less than $2,000, then the written
consent shall not be required and the money or other property shall be
returned in full without the temporary retention and investment of
20 per centum thereof.

(n) In the case of property consisting of stock or other interest in
any corporation, association, company, or trust, or of bonded or other
indebtedness thereof, evidenced by certificates of stock or by bonds
or by other certificates of interest therein or indebtedness thereof, or
consisting of dividends or interest or other accruals thereon, where
the right, title, and interest in the property (but not the actual cer-
tificate or bond or other certificate of interest or indebtedness) was
convoyed, transferred, assigned, delivered, or paid to the Alien Prop-
erty Custodian, or seized by him, if the President determines that the
owner thereof or of any interest therein has acquired such ownership
by assignment, transfer, or sale of such certificate or bond or other
certificate of interest or indebtedness, (it being the intent of this sub-
section that such assignment, transfer, or sale shall not be deemed in-
valid hereunder by reason of such conveyance, transfer, assignment,
delivery, or payment to the Alien Property Custodian or seizure by
him) and that the written consent provided for in subsection (m) of
this section has been filed, then the President may make in respect of
such property an order of the same character, upon the same con-
ditions, and with the same effect, as in cases provided for in subsec-
tion (b) of this section, including the benefits of subsection (c) of this
section.

(o) The provisions of paragraph (12) to (14), (17) to (21), or (22)
of subsection (b) of this section, or of subsection (m) or (n) of this
section, and (except to the extent therein provided) the provisions of
paragraph (16) of subsection (b) of this section, shall not be con-
strued as diminishing or extinguishing any right under any other
provision of this Act [sections 1 to 6, 7 to 39 and 41 to 44 of this Ap-
pendix] in force immediately prior to the enactment of the Settle-
ment of War Claims Act of 1928 [Act March 10, 1928, ch. 1671.

(p) The Alien Property Custodian shall transfer the money or
other property in the trust of any partnership, association, or other
unincorporated body of individuals, or corporation, the existence of
which has terminated, to trusts in the names of the persons (including

[Emphasis supplied.]

24-509 O - 73 - 29

430

the German Government and members of the former ruling family)
who have succeeded to its claim or interest; and the provisions of
subsection (a) of this section relating to the collection of a debt (by
order of the President or of a court) out of money or other property
held by the Alien Property Custodian or the Treasurer of the United
States shall be applicable to the debts of such successor and any such
debt may be collected out of the money or other property in any of
such trusts if not returnable under subsection (a) of this section.
Subject to the above provisions as to the collection of debts, each such
successor (except the German Government and members of the former
ruling family) may proceed for the return of the amount so trans-
ferred to his trust, in the same manner as such partnership, associa-
tion, or other unincorporated body of individuals, or corporation
might proceed if still in existence. If such partnership, association,
or other unincorporated body of individuals, or corporation, would
have been entitled to the return of its money or other property only
upon filing the written consent provided for in subsection (m) of this
section, then the successor shall be entitled to the return under this
subsection only upon filing such written consent.

(q) The return of money or other property under paragraphs (15),
(17), (18), (19), (20), (21), or (22) of subsection (b) of this section
(relating to the return of Austrian and Hungarian nationals) shall
be subject to the limitations imposed by subsections (d) and (e) of
section 7 of the Settlement of War Claims Act of 1928 [Act Mar. 10,
1928, ch. 167, 45 Stat. 265, 266]. (Oct. 6, 1917, ch. 106, § 9, 40 Stat.
419; July 11, 1919. ch. 6, § 1, 41 Stat. 35: June 5. 1920, ch. 241. 41 Stat.
977; Feb. 27, 1921, ch. 76, 41 Stat. 1147; Dec 21, 1921, ch. 13, 42 Stat.
351; Dec. 27, 1922, ch. 13, 42 Stat. 1065; Mar. 4, 1923, ch. 285, § 1, 42
Stat. 1511; May 7, 1926, ch. 252, 44 Stat. 406; Mar. 10, 1928, ch. 167,
§§ 11—14, 20, 45 Stat. 270—273, 277; June 25, 1936, ch. 804, 49 Stat.
1921 ; Aug. 24, 1937, ch. 745, 50 Stat. 748 ; June 25, 1948, ch. 646. 8 32
(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Aug. 6,
1956, ch. 1016, § 3, 70 Stat. 1073; Oct. 22, 1962, Pub. L. 87-846, title II,
§203,76 Stat. 1113.)

[See 12 U.S.C. 95 and 95a. Supra.]

50 U.S.C. App. 10. Acts permitted ; applications for patents or reg-
istration of trade-marks or copyrights ; PAYMENT of tax in rela-
tion THERETO ; LICENSES UNDER ENEMY-OWNED PATENT OR COPYRIGHT -
STATEMENTS BY LICENSEES; TERM AND CANCELLATION; SUITS AGAINST
LICENSEES ; RESTRAINING INFRINGEMENTS; POWERS OF ATTORNEY :
KEEPING SECRET INVENTIONS

Nothing contained in this Act [sections Ito 6. 7 to 39 and 41 to 44 of
this Appendix] shall be held to make unlawful any of the following

(a) Repealed. Aug 8, 1946. ch. 910, § 13, 60 Stat. 944.

(b) Any citizen of the United States', or any corporation organized
within the United States, may, when duly authorized by the President,
pay to an enemy or ally of enemy any tax, annuity, or fee which may

[Emphasis supplied.]

431

be required by the laws of such enemy or ally of enemy nation in re-
lation to patents and trade-marks, prints, labels, and copyrights ; and
any such citizen or corporation may file and prosecute an application
for letters patent or for registration of trade-mark, print, label, or
copyright in the country of an enemy, or of an ally of enemy after
first submitting such application to the President and receiving license
so to file and prosecute, and to pay the fees required by law and cus-
tomary agents fees, the maximum amount of which in each case shall
be subject to the control of the President.

(c) Any citizen of the United States or any corporation organized
within the United States desiring to manufacture, or cause to be
manufactured, a machine, manufacture, composition of matter, or
design, or to carry on, or to use any trade-mark, print, label or cause
to be carried on, a process under any patent or copyrighted matter
owned or controlled by an enemy or ally of enemy at any time during
the existence of a state of war may apply to the President for a
license ; and the President is authorized to grant such a license, non-
exclusive or exclusive as he shall deem best, provided he shall be of
the opinion that such grant is for the public welfare, and that the
applicant is able and intends in good faith to manufacture, or cause
to be manufactured, the machine, manufacture, composition of matter,
or design, or to carry on, or cause to be carried on, the process or to
use the trade-mark, print, label or copyrighted matter. The President
may prescribe the conditions of this license, including the fixing of
prices of articles and products necessary to the health of the military
and naval forces of the United States or the successful prosecution
of the war, and the rules and regulations under which such license
may be granted and the fee which shall be charged therefor, not
exceeding $100, and not exceeding one per centum of the fund de-
posited as hereinafter provided. Such license shall be a complete
defense to any suit at law or in equity instituted by the enemy or ally
of enemy owners of the letters patent, trade-mark, print, label or copy-
right, or otherwise, against the licensee for infringement or for dam-
ages, royalty, or other money award on account of anything done by
the licensee under such license, except as provided in subsection (f)
of this section.

(d) The licensee shall file with the President a full statement of
the extent of the use and enjoyment of the license, and of the prices
received in such form and at such stated periods (at least annually)
as the President may prescribe ; and the licensee shall pay at such times
as may be required to the alien property custodian not to exceed five
per centum of the gross sums received by the license from the sale of
said inventions or use of the trade-mark, print, label or copyrighted
matter, or, if the President shall so order, five per centum of the
value of the use of such inventions, trade-marks, prints, labels or copy-
righted matter to the licensee as established by the President; and
sums so paid shall be deposited by said alien property custodian forth-
with in the Treasury of the United States as a trust fund for the said
licensee and for the owner of the said patent, trade-mark, print, label
or copyright registration as hereinafter provided, to be paid from the

[Emphasis supplied.]

432

Treasury upon order of the court, as provided in subsection (f) of
this section, or upon the direction of the alien property custodian.

(e) Unless surrendered or terminated as provided in this Act [sec-
tions 1 to 6, 7 to 39 and 41 to 44 of this Appendix], any license granted
hereunder shall continue during the term fixed in the license or in the
absence of any such limitation during the term of the patent, trade-
mark, print, label, or copyright registration under which it is granted.
Upon violation by the licensee of any of the provisions of this Act
[said sections], or of the conditions of the license, the President may,
arte ■ due notice and hearing, cancel any license granted by him.

(f ) The owner of any patent, trade-mark, print, label, or copyright
under which a license is granted hereunder may, after the end of the
war and until the expiration of one year thereafter, file a bill in equity
against the licensee in the district court of the United States for the
district in which the said licensee resides, or, if a corporation, in which
it has its principal place of business (to which suit the Treasurer of
the United States shall be made a party), for recovery from the said
licensee for all use and enjoyment of the said patented invention,
trade-mark, print, label, or copyrighted matter: Provided, however,
That whenever suit is brought, as above, notice shall be filed with the
alien property custodian within thirty days after date of entry of
suit : Provided further, That the licensee may make any and all de-
fenses which would be available were no license granted. The court on
due proceedings had may adjudge and decree to the said owner pay-
ment of a reasonable royalty. The amount of said judgment and de-
cree, when final, shall be paid on order of the court to the owner of
the patent from the fund deposited by the licensee, so far as such
deposit will satisfy said judgment and decree ; and the said payment
shall be in full or partial satisfaction of said judgment and decree,
as the facts may appear ; and if, after payment of all such judgments
and decrees, there shall remain any balance of said deposit, such bal-
ance shall be repaid to the licensee on order of the alien property cus-
todian. If no suit is brought within one year after the end of the war.
or no notice is filed as above required, then the licensee shall not l>e
liable to make any further deposits, and all funds deposited by him
shal' be repaid to him on order of the Alien Property Custodian. Upon
entry of suit and notice filed as above required, or upon repayment of
funds as above provided, the liability of the licensee to make further
reports to the President shall cease.

If suit is brought as above provided, the court may, at any time,
terminate the license, and may, in such event, issue an injunction to
restrain the licensee from infringement thereafter, or the court, in case
the licensee, prior to suit, shall have made investment of capital based
on possession of the license, may continue the license for such period
and upon such terms and with such royalties as it shall find to be just
and reasonable.

In the case of any such patent, trade-mark, print, label, or copy-
right, conveyed, assigned, transferred, or delivered to the Alien Prop-
erty Custodian or seized by him, any suit brought under this subsec-
tion, within the time limited therein, shall be considered as having
been brought by the owner within the meaning of this subsection,

[Emphasis supplied.]

433

insofar as such suit relates to royalties for the period prior to the
sale by the Alien Property Custodian of such patent, trade-mark,
print, label, or copyright, if brought either by the Alien Property
Custodian or by the person who was the owner thereof immediately
prior to the date such patent, trade-mark, print, label, or copyright
was seized or otherwise acquired by the Alien Property Custodian.

(g) Any enemy, or ally of enemy, may institute and prosecute suits
in equity against any person other than a licensee under this Act [sec-
tions 1 to 6, 7 to 39 and 41 to 44 of this Appendix] to enjoin infringe-
ment of letters patent, trade-mark, print, label, and copyrights in the
United States owned or controlled by said enemy or ally of enemy, in
the same manner and to the extent that he would be entitled so to do
if the United States was not at war : Provided, That no final judgment
or decree shall be entered in favor of such enemy or ally of enemy by
any court except after thirty days' notice to the Alien Property Cus-
todian. Such notice shall be in writing and shall be served in the same
manner as civil process of Federal courts.

(h) All powers of attorney heretofore or hereafter granted by an
enemy or ally of enemy to any person within the United States, inso-
far as they may be requisite to the performance of acts authorized in
subsections (a) and (g) of this section, shall be valid.

(i) Whenever the publication of an invention by the granting of
a patent may, in the opinion of the President, be detrimental to the
public safety or defense, or may assist the enemy or endanger the
successful prosecution of the war, he may order that the invention be
kept secret and withhold the grant of a patent until the end of the
war: Provided, That the invention disclosed in the application for
said patent may be held abandoned upon it being established before
or by the Commissioner of Patents that, in violation of said order,
said invention has been published or that an application for a patent
therefor has been filed in any other country, by the inventor or his
assigns or legal representatives, without the consent or approval of the
commissioner or under a license of the President.

When an applicant whose patent is withheld as herein provided and
who faithfully obeys the order of the President above referred to shall
tender his invention to the Government of the United States for its
use, he shall, if he ultimately receives a patent, have the right to sue
for compensation in the Court of Claims, such right to compensation
to begin from the date of the use of the invention by the Government.
(Oct. 6, 1917, ch. 106, § 10, 40 Stat. 420; Mar. 10, 1928, ch. 167, § 19,
45 Stat. 277; Aug. 8, 1946, ch. 910, § 13, 60 Stat. 944.)

[See 12 U.S.C. 95 and 95a, Supra.]

50 U.S.C. Apr. 11. Importations prohibtted

Whenever during the present war the President shall find that the
public safety so requires and shall make proclamation thereof it shall
be unlawful to import into the United States from anv country named
in such proclamation any article or articles mentioned in such procla-

[Emphasis supplied.]

434

mation except at such time or times, and under such regulations or
orders, and subject to such limitations and exceptions as the President
shall prescribe, until otherwise ordered by the President or by Con-
gress: Provided, however, That no preference shall be given to the
ports of one State over those of another. (Oct. 6, 1917, ch. 106. § 11,
40 Stat. 422.)

[See 12 U.S.C. 95 and 95a. Supra.]

50 U.S.C. App. 12. Property transferred to Alien Property
Custodian

All moneys (including checks and drafts payable on demand) paid
to or received by the alien property custodian pursuant to this Act
[section 1 to 6, 7 to 39 and 41 to 44 of this appendix] shall be deposited
forthwith in the Treasury of the United States, and may be invested
and reinvested by the Secretary of the Treasury in United States
bonds or United States certificates or indebtedness, under such rules
and regulations as the President shall prescribe for such deposit, in-
vestment, and sale of securities; and as soon after the end of the war
as the President shall deem practicable, such securities shall be solid
and the proceeds deposited in the Treasury.

All other property of an enemy, or ally of enemy, conveyed, trans-
ferred, assigned, delivered, or paid to the Alien Property Custodian
hereunder shall be safely held and administered by him except as here-
inafter provided; and the President is authorized to designate as a
depositary, or depositaries, of property of an enemy or ally of enemy,
any bank, or banks, or trust company, or trust companies, or other
suitable depositary or depositaries, located and doing business in the
United States. The Alien Property Custodian may deposit with such
designated depositary or depositaries, or with the Secretary of the
Treasury, any stocks, bonds, notes, time drafts, time bills of exchange,
or other securities, or property (except money or checks or drafts
payable on demand which are required to be deposited with the Sec-
retary of the Treasury) and such depositary or depositaries shall be
authorized and empowered to collect any dividends or interest or in-
come that may become due and any maturing obligations held for the
account of such custodian. Any moneys collected on said account shall
be paid and deposited forthwith by said depositary or by the Alien
Property Custodian into the Treasury of the United States as herein-
before provided.

The President shall require all such designated depositaries to ex-
ecute and file bonds sufficient in his judgment to protect property on
deposit, such bonds to be conditioned as he may direct.

The Alien Property Custodian shall be vested with all of the powers
of a common-law trustee in respect of all property, other than money,
which has been or shall be, or which has been or shall be required to
be, conveyed, transferred, assigned, delivered, or paid over to him in
pursuance of the provisions of this Act [said sections], and, in addi-
tion thereto, acting under the supervision and direction of the Presi-
dent, and under such rules and regulations as the President shall pre-

[Emphasis supplied.]

435

scribe, shall have power to manage such property and do any act or
things in respect thereof or make any disposition thereof or of any
part thereof, Dy sale or otherwise, and exercise any rights or powers
which may be or become appurtenant thereto or to the ownership
thereof in like manner as though he were the absolute owner thereof :
Provided, That any property sold under this Act [said sections] except
when sold to the United States, shall be sold only to American citizens,
at public sale to the highest bidder, after public advertisement of time
and place of sale which shall be where the property or a major portion
thereof is situated, unless the President stating the reasons therefor, in
the public interest shall otherwise determine : Provided further, That
when sold at public sale, the Alien Property Custodian upon the order
of the President stating the reasons therefor, shall have the right to
reject all bids and resell such property at public sale or otherwise as the
President may direct. Any person purchasing property from the Alien
Property Custodian for an undisclosed principal, or for resale to a
person not a citizen of the United States, or for the benefit of a person
not a citizen of the United States, shall be guilty of a misdemeanor,
and, upon conviction, shall be subject to a fine of not more than
$10,000, or imprisonment for not more than ten years, or both, and
the property shall be forfeited to the United States. It shall be the
duty of every corporation incorporated within the United States and
every unincorporated association, or company, or trustee, or trustees
within the United States issuing shares or certificates representing
beneficial interests to transfer such shares or certificates upon its, his,
or their books into the name of the Alien Property Custodian upon
demand, accompanied by the presentation of the certificates which
represent such snares or beneficial interests. The Alien Property Custo-
dian shall forthwith deposit in the Treasury of the United States, as
hereinbefore provided, the proceeds of any such property or rights so
sold by him.

Any money or property required or authorized by the provisions
of this Act [said sections] to be paid, conveyed, transferred, assigned,
or delivered to the Alien Property Custodian shall, if said custodian
shall so direct by written order, be paid, conveyed, transferred, as-
signed, or delivered to the Treasurer of the United States with the
same effect as if to the Alien Property Custodian.

After the end of the war any claim of any enemy or of an ally of
enemy to any money or other property received and held by the Alien
Property Custodian or deposited in the United States Treasury, shall
be settled as Congress shall direct : Provided, however, That on order
of the President as set forth in section nine hereof [section 9 of this
Appendix], or of the court, as set forth in sections nine and ten hereof
[sections 9 and 10 of this Appendix], the Alien Property Custodian
or the Treasurer of the United States, as the case may be, shall forth-
with convey, transfer, assign, and pay to the person to whom the
President shall so order, or in whose behalf the court shall enter final
judgment or decree, any property of an enemy or ally of enemy held
by said custodian or by said Treasurer, so far as may be necessary to
comply with said order of the President or said final judgment or
decree of the court : And provided further, That the Treasurer of the

[Emphasis supplied.]

436

United States, on order of the Alien Property Custodian shall, as pro-
vided in section ten hereof [section 10 of this Appendix] , . repay ^ to
the licensee any funds deposited by said licensee. (Oct. 6, 1917, ch. iut>,
§ 12, 40 Stat. 423 ; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 460.)
[See 12 U.S.C. 95 and 95a. Supra.]

50 U.S.C. App. 14. Same; refusal of clearance; reports of gold or

SILVER COIN IN CARGOES FOR EXPORT

During the present war, whenever there is reasonable cause to be-
lieve that the manifest or the additional statements under oath re-
quired by the preceding section [section 13 of this Appendix] are
false or that any vessel, domestic or foreign, is about to carry out of
the United States any property to or for the account or benefit of an
enemy, or ally of enemy, or any property or person whose export,
taking out, or transport will be in violation of law, the collector of
customs for the district in which such vessel is located is authorized
and empowered subject to review by the President to refuse clearance
to any such vessel, domestic or foreign, for which clearance is required
by law, and by formal notice served upon the owners, master, or per-
son or persons in command or charge of any domestic vessel for which
clearance is not required by law, to forbid the departure of such vessel
from the port, and it shall thereupon be unlawful for such vessel to
depart.

The collector of customs shall, during the present war, in each case
report to the President the amount of gold or silver coin or bullion
or other moneys of the United States contained in any cargo intended
for export. Such report shall include the names and addresses of the
consignors and consignees, together with any facts known to the col-
lector with reference to such shipment and particularly those which
may indicate that such gold or silver coin or bullion or moneys of the
United States may be intended for delivery or may be delivered, di-
rectly or indirectly, to an enemy or an ally of enemy. (Oct. 6, 1917,
ch. 106, §14, 40 Stat. 424.)

[See 12 U.S.C. 95 and 95a. Supra.']

50 U.S.C. App. 19. Print, newspaper or publication in foreign

LANGUAGES

Ten days after the approval of this act [sections 1 to 6, 7 to 39 and 41
to 44 of this Appendix J and until the end of the war, it shall be unlaw-
ful for any person, firm, corporation, or association, to print, publish,
or circulate, or cause to be printed, published, or circulated in any
foreign language, any news item, editorial or other printed matter,
respecting the Government of the United States, or of any nation
engaged in the present war, its policies, international relations, the
state or conduct of war, or any matter relating thereto: Provided,

[Emphasis supplied.]

437

That this section shall not apply to any print, newspaper, or publica-
tion where the publisher or distributor thereof, on or Before offering
the same for mailing, or in any manner distributing it to the public,
has filed with the postmaster at the place of publication, in the form
of an affidavit, a true and complete translation of the entire article
containing such matter proposed to be published in such print, news-
paper, or publication, and has caused to be printed, in plain type in
the English language, at the head of each such item, editorial, or other
matter, on each copy of such print, newspaper, or publication,

the words "True translation filed with postmater at on

(naming the post office where the translation was filed, and the date of

filing thereof), as required by the Act of (here giving the date

of this Act [said sections] ) ."

Any print, newspaper, or publication in any foreign language which
does not conform to the provisions of this section is declared to be non-
mailable, and it shall be unlawful for any person, firm, corporation, or
association, to transport, carry, or otherwise publish or distribute the
same, or to transport, carry or otherwise publish or distribute any
matter which is made nonmailable by the provisions of the Act relating
to espionage, approved June fifteenth, nineteen hundred and seven-
teen : Provided, further, That upon evidence satisfactory to him that
any print, newspaper, or publication, printed in a foreign language
may be printed, published, and distributed free from the foregoing
restrictions and conditions without detriment to the United States in
the conduct of the present war, the President may cause to be issued to
the printers or publishers of such print, newspaper, or publication, a
permit to print, publish, and circulate the issue or issues of their print,
newspaper, or publication, free from such restrictions and require-
ments, such permits to be subject to revocation at his discretion. And
the Postmaster General shall cause copies of all such permits and revo-
cations of permits to be furnished to the postmaster of the post office
serving the place from which the print, newsprint, or publication,
granted the permit is to emanate. All matter printed, published and
distributed under permits shall bear at the head thereof in plain type
in the English language, the words, "Published and distributed under

permit authorized Dy the Act of (here giving date of this Act

[said sections]), on file at the post office of (giving name of

office)."

Any person who shall make an affidavit containing any false state-
ment in connection with the translation provided for in this section
shall be guilty of the crime of perjury and subject to the punishment
provided therefor by section one hundred and twenty-five of the Act of
March fourth, nineteen hundred and nine, entitled "An Act to codify,
revise, and amend the penal laws of the United States," and any person
firm, corporation, or association, violating any other requirement of
this section shall, on conviction thereof, be punished by a fine of not
more than $500, or by imprisonment of not more than one year, or, in
the discretion of the court, mav be both fined and imprisoned. (Oct. 6,
1917. ch. 106, § 19, 40 Stat. 425. )

[See 12 U.S.C. 95 and 95a. Supra.}

[Emphasis supplied.]

438

50 XJ.S.C. App. 32. Return or property

(a) Conditions precedent. .

he President, or such officer or agency as he may designate, may
return any property or interest vested in or transferred to the Alien
Property Custodian (other than any property or interest acquired br
the IJnited States prior to December 18, 1941), or the net proceeds
thereof, whenever the President or such officer or agency shall deter-

( \ ) That the person who has filed a notice of claim for return,
m such form as the President or such officer or agency may pre-
scribe, was the owner of such property or interest immediately
prior to its vesting in or transfer to the Alien Property Custodian,
or is the legal representative (whether or not appointed by a court
in the United States), or successor in interest by inheritance, de-
vise, bequest, or operation of law, of such owner ; and

(2) That such owner, and legal representative or successor in
interest, if any, are not — .

(A) the Government of Germany, Japan, Bulgaria, Hun-
gary, or Rumania ; or

(B) a corporation or association organized under the laws
of such nation : Provided, That any property or interest or
proceeds which, but for the provision of this subdivision,
might be returned under this section to any such corporation
or association, may be returned to the owner or owners of all
the stock of such corporation or of all the proprietary and
beneficial interest in such association, if their ownership of
such stock or proprietary and beneficial interest existed im-
mediately prior to vesting in or transfer to the Alien Property
Custodian and continuously thereafter to the date of such
return (without regard to purported divestments or limita-
tions of such ownership by any government referred to in
subdivision (A) of this subsection) and if such ownership
was by one or more citizens of the United States or by one or
more corporations organized under the laws of the United
States Or any State, Territory, or possession thereof, or the
District of Columbia : Provided further, That such owner or
owners shall succeed to those obligations limited in aggregate
amount to the value of such property or interest or proceeds,
which are lawfully assertible against the corporation or asso-
ciation by persons not ineligible to receive a return under this
section; or

(C) an individual voluntarily resident at any time since
December 7, 1941, within the territory of such nation, other
than a citizen of the United States or a diplomatic or Con-
sular officer of Italy or of any nation with which the United
States has not at any time since December 7, 1941, been at
war: Provided, That an individual who, while in the terri-
tory of a nation with which the United States has at any time
since December 7, 1941, been at war, was deprived of life or
substantially deprived of liberty pursuant to any law, decree

[Emphasis supplied.]

439

or regulation of such nation discriminating against political,
racial, or religious groups, shall not be deemed to have vol-
untarily resided in such territory ; or

(D) an individual who was at any time after December 7,
1941, a citizen or subject of Germany, Japan, Bulgaria, Hun-
gary, or Eumania, and who on or after December 7, 1941, and
prior to the date of the enactment of this section [March 8,
1946], was present (other than in the service of the United
States) in the territory of such nation or in any territory
occupied by the military or naval forces thereof or engaged
in any business in any such territory : Provided, That not-
withstanding the provisions of this subdivision return may be
made to an individual who, as a consequence of any law,
decree, or regulation of the nation of which he was then a
citizen or subject, discriminating against political, racial, or
religious groups, has at no time between December 7, 1941,
and the time when such law, decree, or regulation was abro-
gated, enjoyed full rights of citizenship under the law of such
nation : And provided further, That notwithstanding the pro-
visions of subdivision (C) of this subsection and of this sub-
division, return may be made to an individual who at all
times since December 7, 1941, was a citizen of the United
States, or to an individual who, having lost United States
citizenship solely by reason of marriage to a citizen or subject
of a foreign country, reacquired such citizenship prior to Sep-
tember 29, 1950, if such individual would have been a citizen
of the United States at all times since December 7, 1941, but
for such marriage : And provided further, That the aggregate
book value of returns made pursuant to the foregoing proviso
shall not exceed $9,000,000 ; and any return under such proviso
may be made if the book value of any such return, taken
together with the aggregate book value of returns already
made under such proviso does not exceed $9,000,000 ; and for
the purposes of this proviso the term "book value" means the
value, as of the time of vesting, entered on the books of the
Alien Property Custodian for the purpose of accounting for
the property or interest involved ; or

(E) a foreign corporation or association which at any time
after December 7, 1941, was controlled or 50 per centum or
more of the stock of which was owned by any person or per-
sons ineligible to receive a return under subdivisions (A) —
(C) or (D) of this subsection : Provided, That notwithstand-
ing the provisions of this subdivision, return may be made to
a corporation or association so controlled or owned, if such
corporation or association was organized under the laws of a
nation any of whose territory was occupied by the military
or naval forces of amy nation with which the United /States
has at any time since December 7, 1941, been at war, and if
such control or ownership arose after March 1, 1938, as an
incident to such occupation and was terminated prior to the
enactment of this section [March 8, 1946] ;

[Emphasis supplied.]

440

(3) that the property or interest claimed, or the net proceeds
of which are claimed, was not at any time after September 1, 1939,
held or used, by or with the assent of the person who was the
owner thereof immediately prior to vesting in or transfer to the
Alien Property Custodian, pursuant to any arrangement to con-
ceal any property or interest within the United States of any
person ineligible to receive a return under subsection (a) (2) of
this section ;

(4) that the Alien Property Custodian has no actual or poten-
tial liability under the Renegotiation Act or the Act of Octo-
ber 31, 1942 (56 Stat. 1013; 35 U.S.C. §§ 89 to 96), in respect of
the property or interest or proceeds to be returned and that the
claimant and his precedecessor in interest, if any, have no actual
or potential liability of any kind under the Renegotiation Act or
the said Act of October 31, 1942 ; or in the alternative that the
claimant has provided security or undertakings adequate to assure
satisfaction of all such liabilities or that property or interest or
proceeds to be retained by the Alien Property Custodian are ade-
quate therefor ; and

(5) that such return is in the interest of the United States.

(b) Extension of filing time limitation for redetermination of ex-
cessive profits.

Notwithstanding the limitation prescribed in the Renegotiation Act
upon the time within which petitions may be filed in The. Tax Court of
the United States, any person to whom any property or interest or
proceeds are returned hereunder shall, for a period of ninety days (not
counting Sunday or a legal holiday in the District of Columbia as the
last day) following return, have the right to file such a petition for a
redetermination in respect of any final order of the Renegotiation
Board determining excessive profits, made against the Alien Property
Custodian, or of any determination, not embodied in an agreement, of
excessive profits, so made by or on behalf of a Secretary.

Any person to whom any invention, whether patented or unpatented,
or any right or interest therein is returned hereunder shall be bound
by any notice or order issued or agreement made pursuant to the Act
of October 31, 1942 (56 Stat. 1013; 35 U.S.C. §§ 89 to 96), in respect
of such invention or right or interest, and such person to whom a
licensor's interest is returned shall have all rights assertible by a
licensor pursuant to section 2 of the said Act.

(d) Rights and duties.

Except as otherwise provided herein, and except to the extent that
the President or such officer or agency as he may designate may other-
wise determine, any person to whom return is made Hereunder, shall
have all rights, privileges, and obligations in respect to the property
or interest returned or the proceeds of which are returned which would
have existed if the property or interest had not vested in the Alien
Property Custodian, but no cause of action shall accrue to such person
in respect of any deduction or retention of any part of the property or
interest or proceeds by the Alien Property Custodian for the purpose
of paying taxes, costs, or expenses in connection with such property or
interest or proceeds : Provided, That except as provided in subsections

441

(b) and (c) of this section no person to whom a return is made pursu-
ant to this section, nor the successor in interest of such person, shall
acquire or have any claim or right of action against the United States
or any department, establishment or agency thereof, or corporation
owned thereby, or against any person authorized or licensed by the
United States, founded upon the retention, sale, or other disposition, or
use, during the period it was vested in the Alien Property Custodian,
of the returned property, interest, or proceeds. Any notice to the Alien
Property Custodian in respect of any property or interest or proceeds
shall constitute notice to the person to whom such property or interest
or proceeds is returned and such person shall succeed to all burdens
and obligations in respect of such property or interest or proceeds
which accrued during the time of retention by the Alien Property
Custodian, but the period during which the property or interest or
proceeds returned were vested in the Alien Property Custodian shall
not be included for the purpose of determining the application of any
statute of limitations to the assertion of any rights by such person
in respect of such property or interest or proceeds.

(e) Legal proceeding unaffected.

No return hereunder shall bar the prosecution of any suit at law or
in equity against a person to whom return has been made, to establish
any right, title, or interest, which may exist or which may have ex-
isted at the time of vesting, in or to the property or interest returned,
but no such suit may be prosecuted by any person ineligible to receive
a return under subsection (a) (2) of this section. With respect to any
such suit, the period during which the property or interest or pro-
ceeds returned were vested in the Alien Property Custodian shall not
be included for the purpose of determining the application of any
statute of limitations.

(f) Notice of intention.

At least thirty days before making any return to any person other
than a resident of the United States or a corporation organized under
the laws of the United States, or any State, Territory, or possession
thereof, or the District of Columbia, the President or such officer or
agency as he may designate shall publish in the Federal Register a
notice of intention to make such return, specifying therein the person
to whom return is to be made and the place where the property or in-
terest or proceeds to be returned are located. Publication of a notice
of intention to return shall confer no right of action upon any person
to compel the return of any such property or interest or proceeds, and
such notice of intention to return may be revoked by appropriate
notice in the Federal Register. After publication of such notice of in-
tention and prior to revocation thereof, the property or interest or
proceeds specified shall be subject to attachment at the suit of any
citizen or resident of the United States or any corporation organized
under the laws of the United States, or any State, Territory, or posses-
sion thereof, or the District of Columbia, in the same manner as prop-
erty of the person to whom return is to be made : Provided, That notice
of any writ of attachment which may issue prior to return shall be
served upon the Alien Property Custodian. Any such attachment pro-

[Emphasis supplied.]

442

ceeding shall be subject to the provisions of law relating to limitation
of actions applicable to actions at law in the jurisdiction in which such
proceeding is brought, but the period during which the property or
interest or proceeds were vested in the Alien Property Custodian shall
not be included for the purpose of determining the period of limita-
tion. No officer of any court shall take actual possession, without the
consent of the Alien Property Custodian, of any property or interest
or proceeds so attached, and publication of a notice of revocation of
intention to return shall invalidate any attachment with respect to the
specified property or interest or proceeds, but if there is no such
revocation, the President or such officer or agency as he may designate
shall accord full effect to any such attachment m returning any such
property or interest or proceeds.

(g) Payment of expenses of Custodian.

Without limitation by or upon any other existing provision of law
with respect to the payment of expenses by the Alien Property Cus-
todian, the Custodian may retain or recover from any property or
interest or proceeds returned pnrs.uant to this section or section 9 (a) of
this Act [sections (a) of this Appendix] an amount not exceeding that
expended or incurred by him for the conservation, preservation, or
maintenance of such property or interest or proceeds, or other property
or interest or proceeds returned to the same person.

(h) Designation of successor organizations to receive heirless prop-
erty ; time for application ; payment of funds : time, allocation, claims
barred by acceptance and conditions.

The President may designate one or more organizations as succes-
sors in. interest to deceased persons who, if alive, would be eligible to re-
ceive returns under the provisos of subdivision (C) or (D) of subsec-
tion (a) (2) thereof. In the case of any organization not so designated
before the date of enactment of this amendment, such organization
may be so designated only if it applies for such designation within
three months after such date of enactment.

The President, or such officer as he may designate, shall, before the
expiration of the one-year period which begins on the date of enactment
of this amendment, pay out of the War Claims Fund to organizations
designated before or after the date of enactment of this amendment
pursuant to this subsection the sum of $500,000. Tf there is more than
one such designated organization, such sum shall be allocated among
such organizations in the proportions in which the proceeds of heirless
property were distributed, pursuant to agreements to which the United
States was a party, by the Intergovernmental Committee for Refugees
and successor organizations thereto. Acceptance of payment pursuant
to this subsection by any such organization shall constitute a full and
complete discharge of ail claims filed by such organization pursuant to
this section, as it existed before the date of enactment of this
amendment.

No payment may be made to any organization designated under this
sect'nn iinlps<i it 1ms (riven firm and responsible assurances approved bv
the Pr^s<rJeiit flint (1\ the navment will lie used on the basis of need in
the rehabilitation and settlement of persons in the United States who

fEmphasIs supplied.]

443

suffered substantial deprivation of liberty or failed to enjoy the full
rights of citizenship within the meaning of subdivisions (C) and (D)
of subsection (a) (2) of this section ; (2) it will make to the President,
with a copy to be furnished to the Congress, such reports (including
a detailed annual report on the use of the payment made to it) and
permit such examination of its books as the President, or such officer
or agency as he may designate, may from time to time require ; and (3)
it will not use any part of such payment for legal fees, salaries, or
other administrative expenses connected with the filing of claims for
such payment or for the recovery of any property or interest under this
section.

As used in this subsection, "organization'' means only a nonprofit
charitable corporation incorporated on or before January 1, 1950,
under the laws of any State of the United States or of the District of
Columbia with the power to sue and be sued. (Oct. 6, 1917, ch. 106, § 32
as added Dec. 18, 1941, ch. 593, title III, § 304, as added Mar. 8, 1946,
ch. 83, § 1, 60 Stat. 50 and amended Aug. 8, 1946, ch. 878, § 2, 60 Stat.
930 ; Aug. 5, 1947, ch. 499, § 2, 61 Stat. 784 ; Sept. 29, 1950, ch. 1108, § 1,
64 Stat. 1080; Mar. 23, 1951, ch. 15, title II, § 201 (a, b), 65 Stat. 23;
June 6, 1952, ch. 372, 66 Stat. 129; Aug. 23, 1954, ch. 830, § 1, 68 Stat.
767; Oct. 22, 1962, Pub. L. 87-846, title II, § 204(a), 76 Stat. 1114.)

[See 12 U.S.C. 95 and 95a. Supra.'\

•"0 US.O. App. 38. Sthpment or ppuef supplier ■ definitions

(a) Notwithstanding any other provision of this Act [sections 1 to
6. 7 to 39 and 41 to 44 of this Appendix], it shall be lawful, at any
time after tlie date of cessation of hostilities with any country with
which the United States is at loar, for any person in the United States
to donate, or otherwise dispose of to, and to transport or deliver to,
any person in such country an article or articles (including food,
clothing, and medicine) intended to be used solely to relieve human
suffering.

(b) As used in this section —

(1) the term "person" means any individual, partnership, asso-
ciation, company, or other unincorporated body of individuals, or
corporation or body politic ;

(2) with respect to any country with which the United States
was at war on January 1, 1946, the term "date of cessation of hos-
tilities" shall mean the date of enactment of this Act [sections 1
to 6, 7 to 39 and 41 to 44 of this Appendix] ;

(3) with respect to any other war the term "date of cessation of
hostilities" shall mean the date specified by proclamation of the
President or by a concurrent resolution of the two Houses of Con-
gress whichever is the earlier.

(Oct 6, 1917, ch. 106, § 38, formerly § — , as added May 10, 1946, ch.
260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878 § 3, 60 Stat. 9"0.)

[See 12 U.S.C. 95 and 95a. Supra.]

[Emphasis supplied.]

444

50 U.S.C. App. 40. Intercustodial conflicts involving enemy pkop-
erty; authoritt of President to conclude; delegation of au-
thority

The President, or stick officer or agency as he may designate, is au-
thorized to conclude and give effect to agreements to further the ami-
cable and expeditious settlement of intercustodial conflicts involving
enemy property, subject to the following :

(1) The authority granted in this section shall extend only to
agreements with governments with which the United States was
not at war in World War II.

(2) Such agreements shall be in accordance with the policy of
protecting and making available for utilization the American and
nonenemy interests in such property and further the elimination
of enemy interests in such property and the efficient administra-
tion and liquidation of enemy property in the United States.

(3) For the purposes of this section, the United States as to any
intergovernmental agreements hereafter negotiated shall seek
treatment equal to that accorded United States nationals for per-
sons who, although citizens or residents of an enemy country be-
fore or during World War II, were deprived of full rights of citi-
zenship or substantially deprived of liberty by laws, decrees, or
regulations of such enemy country discriminating against racial,
religious, or political groups : Provided, That on September 28,
1950, such persons were (1) permanent residents of the United
States and (2) had declared their intention to become citizens of
the United States in conformity with the provisions of the Na-
tionality Act of 1940, as amended; and that such persons shall
have acquired citizenship of the United States prior to the
effective date of any intergovernmental agreement hereafter
negotiated.

(4) Reimbursement to the United States by other governments
pursuant to such agreements shall be administered as vested prop-
erty : Provided, That nothing contained in this section shall hin-
der, restrict or limit the payment of claims from the War Claims
Fund established by section 2012 of this Appendix

Sept. 28, 1950, ch. 1094, 64 Stat. 1079.)
See 12 U.S.C. 95 and 95a. Supra.']

50 U.S.C. App. 785. Effective date of sections 781 to 785

This Act [sections 781 to 785 of this Appendix] shall be effective
only until six months after the termination of the national emergency
proclaimed by the President on December 16, 1950 (Proc. 2914 3
C.F.R. 1950 Supp., p. 71 [set out as a note preceding section'l of this

iP 97?67XStat ilT 25' 19*2' Ch" ^ § 5' 56 Stat- 391 ' June 4' 1953'
[Emphasis supplied.]

445

—NOTE-
EXCERPT From S. Kept. 145, 83d Cong., 1st Sess. (1953)

The bill proposes to extend existing wartime prohibition
provided in the act of June 25, 1942, against photographing,
mapping, sketching, or the making of comparable represen-
tation of military facilities or equipment located on posts,
stations, camps, and other installations vital to the defense
of the United States. Under the terms of the bill this prohibi-
tion would be extended for the period of the present emer-
gency proclaimed by the President and for a period of 6
months thereafter.

50 U.S.C. App. 1211. Congressional declaration of policy

It is recognized and declared that the Congress has made available
for the execution of the national defense program extensive funds,
by appropriation and otherwise, for the procurement of property,
processes, and services, and the construction of facilities necessary
for the national defense ; that sound execution of the national defense
program requires the elimination of excessive profits from contracts
made with the United States, and from related subcontracts, in the
course of said program; and that the considered policy of the Con-
gress, in the interests of the national defense and the general welfare of
the Nation, requires that such excessive profits be eliminated as pro-
vided in this title [sections 1211 to 1224 of this Appendix]. (Mar. 23,
1951, ch. 15, title I, § 101, 65 Stat. 7.)

— N O T E —

Excerpt From H. Reft. 7, 82d Cong., 1st Sess. (1951)

The country has embarked once more upon a vast program
of military procurement as a defense against aggression. In
the prosecution of this undertaking, industry will be called
upon again — indeed, is already being called upon — to manu-
facture and deliver essential supplies and equipment hastily
and against accelerated delivery schedules, without sufficient
opportunity to make accurate cost estimates for the produc-
tion of such items.

It is recognized, too, that contractors will be asked again to
produce items not included in the customary output of their
plants, as well as many items that are wholly new and un-
familiar to them or which have been invented or developed
since the close of World War II. Doubtless many changes
and improvements have also been made in the manufacturing
processes of items previously produced.

[Emphasis supplied.]

24-509 O - 73 - 30

446

Again, the magnitude of the defense program will entail
the procurement of supplies in enormous quantities far in
excess of ordinary commercial levels, with consequent inevi-
table effect on production costs. The full extent of this effect
will not be easily determinable in advance with any degree 01
accuracy.

For these reasons, it is evident that contractors and con-
tracting officers will be unable in countless instances to make
accurate forecasts of costs on which to base prices and, there-
fore, that close initial pricing will be almost impossible to
achieve. Nevertheless, the procurement of needed military
supplies and equipment cannot be delayed for the com-
pletion of cost and price analyses that might otherwise be
made as an incident to careful purchasing. In addition, it
must be anticipated that specifications, quantities, and de-
livery rates will be revised from time to time in the light of
experience and to keep pace with the fluctuations of actual or
threatened military situations.

These are the major difficulties and uncertainties that
prompted the adoption and continuance of statutory renego-
tiation of contracts throughout World War II. The same con-
ditions make it necessary today.

50 n.S.C. App. 1213. Definitions

For the purposes of this title [sections 1211 to 1224 of this Appen-
dix]—

(a) Department.

The term "Department" means the Department of Defense, the De-
partment of the Army, the Department of the Navy, the Department
of the Air Force, the Maritime Administration, the Federal Mari-
time Board, the General Services Administration, the National Aero-
nautics and Space Administration, the Federal Aviation Agency, and
the Atomic Energy Commission. Such term also includes any other
agency of the Government exercising functions having a direct and
immediate connection with the national defense which is designated by
the President during a national emergency proclaimed by the Presi-
dent, or declared by the Congress, after the date of the enactment of
the Renegotiation Amendments Act of 1956 [August 1, 1956] ; but
such designation shall cease to be in effect on the last day of the month
during which such national emergency is terminated.

(b) Secretary.

The term "Secretary" means the Secretary of Defense, the Secre-
tary of the Army, the Secretary of the Navy, the Secretary of the
Air Force, the Secretary of Commerce (with respect to the Maritime
Administration), the Federal Maritime Board, the Administrator of
General Services, the Administrator of the National Aeronautics
and Space Administration, the Administrator of the Federal Aviation
Agency, the Atomic Energy Commission, and the head of any other

[Emphasis supplied.]

447

agency of the Government which the President shall designate as a
Department pursuant to subsection (a) of this section.

*******
[See 50 U.S.C. App. 1211 (H. Rept. 7). Supra.}

50 U.S.C. App. 1216. Exemptions
(a) Mandatory exemptions.

The provisions of this title [sections 1211 to 1224 of this Appendix]
shall not apply to —

(1) any contract by a Department with any Territory, posses-
sion, or State, or any agency or political subdivision thereof, or
with any foreign government or any agency thereof ; or

(2) any contract or subcontract for an agricultural commodity
in its raw or natural state, or if the commodity is not customarily
sold or has not an established market in its raw or natural state,
in the first form or state, beyond the raw or natural state,
in which it is customarily sold or in which it has an established
market. The term "agricultural commodity" as used herein shall
include but shall not be limited to —

(A) commodities resulting from the cultivation of the soil
such as grains of all kinds, fruits, nuts, vegetables, hay, straw,
cotton, tobacco, sugarcane and sugar beets ;

(B) natural resins, saps, and gums of trees;

(C) animals, such as cattle, hogs, poultry, and sheep, fish
and other marine life, and the produce of live animals, such
as wool, eggs, milk and cream ; or

(3) any contract or subcontract for the product of a mine, oil or
gas well, or other mineral or natural deposit, or timber, which has
not been processed, refined, or treated beyond the first form or
state suitable for industrial use ; or

(4) any contract or subcontract with a common carrier for
transportation, or with a public utility for gas, electric energy,
water communications, or transportation, when made in either case
at rates not in excess of published rates or charges filed with,
fixed, approved, or regulated by a public regulatory body, State,
Federal, or local, or at rates not in excess of unregulated rates of
such a public utility which are substantially as favorable to users
and consumers as are regulated rates. In the case of the furnishing
or sale of transportation by common carrier by water, this para-
graph shall apply only to such furnishing or sale which is sub-
ject to the jurisdiction of the Interstate Commerce Commission
under Part III of the Interstate Commerce Act [chapter 12 of
Title 49] or subject to the jurisdiction of the Federal Maritime
Board under the Intercoastal Shipping Act, 1933 [chapter 23A of
Title 46] and to such furnishing or sale in any case in which the
Board finds that the regulatory aspects of rates for such furnish-
ing or sale, or the type and nature of the contract for such furnish-
ing or sale; are such as to indicate, in the opinion of the Board,
that excessive profits are improbable ; or

[Emphasis supplied.]

448

(5) any contract or subcontract with an organization exempt
from taxation under section 101 (6) of the Internal Revenue Code
[section 101 (6) of Title 26, I.R.C. 1939], but only if the income
from such contract or subcontract is not includible under section
422 of such code [section 422 of Title 26, 1.R.C. 1939] in comput-
ing the unrelated business net income of such organization; or

(6) any contract which the Board determines does not have a
direct and immediate connection with the national defense. The
Board shall prescribe regulations designating those classes and
types of contracts which shall be exempt under this paragraph ;
and the Board shall, in accordance with regulations prescribed
by it, exempt any individual contract not falling within any such
class or type if it determines that such contract does not have a
direct and immediate connection with the national defense. In
designating those classes and types of contracts which shall be
exempt and in exempting any individual contract under this para-
graph, the Board shall consider as not having a direct or im-
mediate connection with national defense any contract for the
furnishing of materials or services to be used by the United States,
a Department or agency thereof, in the manufacture and sale of
synthetic rubbers to a private person or to private persons which
are to be used for nondefense purposes. If the use by such private
person or persons shall be partly for defense and partly for
nondefense purposes, the Board shall consider as not having a
direct or immediate connection with national defense that por-
tion of the contract which is determined not to have been used
for national defense purposes. The method used in making such
determination shall be subject to approval by the Board. Notwith-
standing section 108 of this title [section 1218 of this Appendix],
regulations prescribed by the Board under this paragraph, and
any determination of the Board that a contract is or is not ex-
empt under this paragraph shall not be reviewed or redetermined
by the Court of Claims or by any other court or agency ; or

(7) any subcontract directly or indirectly under a contract or
subcontract to which this title [sections 1211 to 1224 of this Ap-
pendix] does not apply by reason of any paragraph, other than
paragraph (l),(5),or(8),of this subsection ; or

(8) Repealed. Aug. 1, 1946, ch. 821, § 9(a), 70 Stat. 789.

(9) any contract, awarded as a result of competitive bidding,
for the construction of any building, structure, improvement, or
facility, other than a contract for the construction of housing
financed with a mortgage or mortgages insured under the provi-
sions of title VIII of the National Housing Act, as now or here-
after amended [section 1748 et seq. of Title 12] .

(b) Cost allowance.

In the case of a contractor or subcontractor who produces or ac-
quires the product of a mine, oil or gas well, or other mineral or
natural deposit, or timber, and processes, refines, or treats such a prod-
uct to and beyond the first form or state suitable for industrial use,
or who produces or acquires an agricultural product and processes,
refines, or treats such a product to and beyond the first form or state
in which it is customarily sold or in which it has an established market,

449

the Board shall prescribe such regulations as may be necessary to give
such contractor or subcontractor a cost allowance substantially equiva-
lent to the amount which would have been realized by such contractor
or subcontractor if he had sold such product at such first form or
state. Notwithstanding any other provisions of this title [sections 1211
to 1224 of this Appendix], there shall be excluded from consideration
in determining whether or not a contractor or subcontractor has re-
ceived or accrued excessive profits that portion of the profits, derived
from receipts and accruals subject to the provisions of this title [said
sections] , attributable to the increment in value of the excess inventory.
For the purposes of this subsection the term "excess inventory" means
inventory or products, hereinbefore described in this subsection, ac-
quired by the contractor or subcontractor in the form or at the state in
which contracts for such products on hand or on contract would be
exempted from this title [said sections] by subsection (a) (2) or (3)
of this section, which is in excess of the inventory reasonably necessary
to fulfill existing contracts or orders. That portion of the profits, de-
rived from receipts and accruals subject to the provisions of this title
[said sections], attributable to the increment in value of the excess
inveutory, and the method of excluding such portions of profits from
consideration in determining whether or not the contractor or subcon-
tractor has received or accrued excessive profits, shall be determined
in accordance with regulations prescribed by the Board.

( 1 ) Receipts and accruals.

The provisions of this title [sections 1211 to 1224 of this Appendix]
shall not apply to receipts or accruals (other than rents) from con-
tracts or subcontracts for new durable productive equipment, except
(A) to that part of such receipts or accruals which bears the same
ratio to the total of such receipts or accruals as five years bears to the
average useful life of such equipment as set forth in Bulletin F of the
Bureau of Internal Revenue (1942 edition), or, if an average useful
life is not so set forth, then as estimated by the Board and (B) to
receipts and accruals from contracts for new durable productive equip-
ment in cases in which the Board finds that the new durable produc-
tive equipment covered by such contracts cannot be adapted, converted,
or retooled for commercial use.

(2) Definitions.

For the purpose of this subsection, the term "durable productive
equipment" means machinery, tools, or other productive equipment,
which has an average useful life of more than five years.

(d) Permissive exemptions.

The Board is authorized, in its discretion, to exempt from some or
all of the provisions of this title [sections 1211 to 1224 of this
Appendix] —

(1) any contract or subcontract to be performed outside of the
territorial limits of the continental United States or in Alaska ;

(2) any contracts or subcontracts under which, in the opinion
of the Board, the profits can be determined with reasonable cer-
tainty when the contract price is established, such as certain
classes of (A) agreements for personal services or for the pur-
chase of real property, perishable goods, or commodities the mini-

450

mum price for the sale of which has been fixed by a public reg-
ulatory body, (B) leases and license agreements, and (C) agree-
ments where the period of performance under such contract or
subcontract will not be in excess of thirty days.

(3) any contract or subcontract or performance thereunder
during a specified period or periods if, in the opinion of the
Boardt the provisions of the contract are otherwise adequate to
prevent excessive profits ; , . ,

(4) any contract or subcontract the renegotiation of which
would jeopardize secrecy required in the public interest ;

(5) any subcontract or group of subcontracts not otherwise
exempt from the provisions of this section, if, in the opinion of
the Board, it is not administratively feasible in the case of such
subcontract or in the case of such group of subcontracts to deter-
mine and segregate the profits attributable to such subcontract or
group of subcontracts from the profits attributable to activities
not subject to renegotiation. .

The Board may so exempt contracts and subcontracts both individ-
ually and by general classes or types.

(e) Mandatory exemption for standard commercial articles and
services.

(1) Articles and services. .

The provisions of this title [sections 1211 to 1224 of this Appendix]
shall not apply to amounts received or accrued in a fiscal year under
any contract or subcontract for an article or service which (with re-
spect to such fiscal year) is —

(A) a standard commercial article ; or

(B) a service which is a standard commercial service or is
reasonably comparable with a standard commercial service.

(2) Classes of articles.

The provisions of this title [sections 1211 to 1224 of this Appendix]
shall not apply to amounts received or accrued in a fiscal year under
any contract or subcontract for an article which (with respect to such
fiscal year) is an article in a standard commercial class of articles.

(3) Applications.

Paragraph (1) (B) and paragraph (2) shall apply to amounts
received or accrued in a fiscal year under any contract or subcontract
for an article or service only if —

(A) the contractor or subcontractor at his election files, at such
time and in such form and detail as the Board shall by regula-
tions prescribe, an application containing such information and
data as may be required by the Board under its regulations for
the purpose of enabling it to make a determination under the
applicable paragraph, and

(B) the Board determines that such article or service is, or
fails to determine that such article or service is not, an article
or service to which such paragraph applies, within the following
periods after the date of filing such application :

(i) in the case of paragraph (1)(B). three months;

(ii) in the case of paragraph (2) , six months ; or

(iii) in either case, any longer period stipulated by mutual
agreement.

(4) Definitions.

451

For the purposes of this subsection —

(A) the terra "article" includes any material, part, component,
assembly, machinery, equipment, or other personal property;

(B) the term "standard commercial article" means, with re-
spect to any fiscal year, an article —

(i) which either is customarily maintained in stock by
the contractor or subcontractor or is offered for sale in accord-
ance with a price schedule regularly maintained by the con-
tractor or subcontractor,

(ii) the price of which under any contract or subcontract
subject to this title [sections 1211 to 1224 of this Appendix]
is not in excess of the lowest price at which such article is
sold in similar quantity by the contractor or subcontractor
for civilian, industrial or commercial use, except for any
excess attributable to the cost of accelerated delivery or other
significantly different circumstances, and

(iii) from the sales of which by the contractor or subcon-
tractor at least 55 percent of the receipts or accruals in such
fiscal year are not (without regard to this subsection and
subsection (c) of this section) subject to this title [sections
1211 to 1224 of this Appendix] ;

(C) the term "service" means any processing or other opera-
tion performed by chemical, electrical, physical, or mechanical
methods directly on materials owned by another person ;

(D) the term "standard commercial service" means, with re-
spect to any fiscal year, a service —

(i) the price of which under any contract or subcontract
subject to this title [sections 1211 to 1224 of this Appendix]
is not in excess of the lowest price at which such service is
performed under similar circumstances by the contractor or
subcontractor for civilian industrial or commercial purposes,
and

(ii) from the performance of which by the contractor or
subcontractor at least 55 percent of the receipts or accruals
in such fiscal year are not (without regard to this subsection)
subject to this title [sections 1211 to 1224 of this Appendix] ;

(E) a service is, with respect to any fiscal year "reasonably
comparable with a standard commercial service" only if —

(i) such service is of the same or a similar kind, performed
with the same or similar materials, and has the same or a
similar result, without necessarily involving identical opera-
tions, as a standard commercial service from the performance
of which the contractor or subcontractor has receipts or ac-
cruals in such fiscal year,

(ii) the price of such service under any contract or subcon-
tract subject to this title [sections 1211 to 1224 of this Ap-
pendix] is not in excess of the lowest price at which such
service is performed under similar circumstances by the con-
tractor or subcontractor for civilian industrial or commercial
purposes, and

(iii) at least 55 percent of the aggregate receipts or ac-
cruals in such fiscal year by the contractor or subcontractor
from the performance of such service and such standard com-

452

mercial service are not (without regard to this subsection)
subject to this title [sections 1211 to 1224 of this Appendix] ;
and .
(F) the term "standard commercial class of articles means,

with respect to any fiscal year, two or more articles with respect

to which the following conditions are met :

(i) at least one of such articles either is customarily main-
tained in stock by the contractor or subcontractor or is offered
for sale in accordance with a price schedule regularly main-
tained by the contractor or subcontractor,

(ii) all of such articles are of the same kind and manu-
factured of the same or substitute materials (without neces-
sarily being of identical specifications) ,

(iii) the price of each of such articles under any contract
or subcontract subject to this title [sections 1211 to 1224 of
this Appendix] is not in exess of the lowest price at which
such article is sold in similar quantity by the contractor or
subcontractor for civilian industrial or commercial use, ex-
cept for any excess attributable to the cost of accelerated de-
livery or other significantly different circumstances,

(iv) all of such articles are sold at reasonably comparable
prices, and

(v) at least 55 percent of the aggregate receipts or accruals
in such fiscal year by the contractor or subcontractor from
sales of all such articles are not (without regard to this sub-
section and subsection (c) of this section) subject to this
title.

(5) Waiver of exemption.

Any contractor or subcontractor may waive the exemption provided
in paragraphs (1) and (2) with respect to his receipts or accruals
in any fiscal year from sales of any article or service by including a
statement to such effect in the financial statement filed by him for such
fiscal year pursuant to section 105 (e) (1) [section 1215 (e) (1) of this
Appendix], without necessarily waiving such exemption with respect
to receipts or accruals in such fiscal year from sales of any other arti-
cle or service. A waiver, if made, shall be unconditional, and no waiver
may be made without the permission of the Board for any receipts or
accruals with respect to which the contractor or subcontractor has
previously filed an application under paragraph (3) .

1 6) Nonapplicability during national emergencies.

Paragraphs (1) and (2) shall not apply to amounts received or ac-
crued during a national emergency proclaimed by the President, or
declared by the Congress, after the date of the enactment of the Re-
negotiation Amendments Act of 1956 [August 1, 1956]. (Mar. 23,
1051, ch. 15. title I, § 106. 65 Stat. 17; Sept. 1, 1954, ch. 1209, §§ 3(a),
4(»)-(c), 5(a). 6(a). 68 Stat. 1116, 1118; Aug. 3, 1955, ch. 499,
S§ f!(al. 4(a). 5(a). 69 Stat. 447. 448; Aug. 1, 1956, ch. 821. §§ 8(a),
9(a). 70 Stnt. 789; Oct. 24, 1968. Pub. L. 90-634, title I, 3 104, 82 Stat.
1345.)

(As amended .Tulv 1. 1971, Pub. L. 92^1, § 3(d). 85 Stat. 98.)
TSee 50 TJ.S.C. App. 1211 (H. Eept. 7). Supra.]

[Emphasis supplied.]

453

50 U.S.C. App. 1622. Disposal to local governments and nonprofit

INSTITUTIONS

(a)-(c). Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(1),
63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6 (a) , (b) , 64 Stat. 583.

(d) Power transmission lines.

Whenever any State or political subdivision thereof, or any State
or Government agency or instrumentality certifies to the Adminis-
trator of General Services that any power transmission line deter-
mined to be surplus property under the provisions of this Act [former
sections 1611 to 1614, 1615 to 1622, 1623 to 1632 and 1633 to 1646 of this
Appendix] is needful for or adaptable to the requirements of any
public or cooperative power project, such line and the right-of-way
acquired for its construction shall not be sold, leased for more than one
year, or otherwise disposed of, except as provided in section 12 [former
section 1621 of this Appendix] or this section, unless specifically au-
thorized by Act of Congress.

(e) , (f ). Repealed. June 30, 1949, ch. 288, title VI, § 602(a) (1), 63
Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6 (a) , (b) , 64 Stat. 583.

(g) Real and personal property for public airports.

(1) Notwithstanding any other provision of this Act [former sec-
tions 1611 to 1614, 1615 to 1622, 1623 to 1632 and 1633 to 1646 of this
Appendix], and disposal agency designated pursuant to this Act [such
sections] may with the approval of the Administrator of General
Services, convey or dispose of to any State political subdivision, mu-
nicipality, or tax-supported institution, without monetary considera-
tion to the United States, but subject to the terms, conditions, reser-
vations and restrictions hereinafter provided for, all of the right, title,
and interest of the United States in and to any surplus real or personal
property (exclusive of property the highest and best use of which is
determined by the Administrator of General Services to be industrial
and which shall be so classified for disposal without regard to the pro-
visions of this subsection) which, in the determination of the Admin-
istrator of the Federal Aviation Agency, is essential, suitable, or
desirable for the development, improvement, operation, or mainte-
nance of a public airport as defined in the Airport and Airway De-
velopment Act of 1970 [section 1701 et seq. of Title 49] or reasonably
necessary to fulfill the immediate and forseeable future requirements
of the grantee for the development, improvement, operation, or main-
tenance of a public airport, including property needed to develop
sources of revenue from nonaviation businesses at a public airport.

(2) Except as provided in paragraph (3) of this subsection, all
property disposed of under the authority of this subsection shall be
disposed of on and subject to the following terms, conditions, reserva-
tions, and restrictions:

(A) No property disposed of under the authority of this sub-
section shall be used, leased, sold, salvaged, or disposed of by the
grantee or transferee for other than airport purposes without the
written consent of the Administrator of the Federal Aviation
Agency, which consent shall be granted only if the Administrator
of the Federal Aviation Agency determines that the property
can be used, leased, sold, salvaged, or disposed of for other than

454

airport purposes without materially and adversely affecting the
development, improvement, operation, or maintenance of the air-
port at which such property is located.

(B) All property transferred for airport purposes shall be
used and maintained for the use and benefit of the public, with-
out unjust discrimination. _ .....

(C) No exclusive right for the use of the airport at which the
property disposed of is located shall be vested (either directly
or indirectly) in any person or persons to the exclusion of others
in the same class. For the purpose of this condition, an exclusive
right is defined to mean —

(1) any exclusive right to use the airport for conducting
any particular aeronautical activity requiring operation of
aircraft ;

(2) any exclusive right to engage in the sale or supplying
of aircraft, aircraft accessories, equipment, or supplies (ex-
cluding the sale of gasoline and oil), or aircraft services
necessary for the operation of aircraft (including the main-
tenance and repair of aircraft, aircraft engines, propellers,
and appliances).

(D) The grantee shall, insofar as it is within its powers, ade-
quately clear and protect the aerial approaches to the airport by
removing, lowering, relocating, marking, or lighting or otherwise
mitigating existing airport hazards and by preventing the estab-
lishment or creation of future airport hazards.

(E) During any national emergency declared by the President
or by the Congress, the United States shall have the right to make
exclusive or nonexclusive use and have exclusive or nonexclusive
control and possession, without charge, of the airport at which
the surplus property is located or used, or of such portion thereof
as it may desire : Provided, however, That the United States shall
be responsible for the entire cost of maintaining such part of the
airport as it may use exclusively or over which it may have ex-
clusive possession and control, during the period of such use. pos-
session, or control, and shall be obligated to contribute a reason-
able share, commensurate with the use made by it, of the cost of
maintenance of such property as it may use nonexclusively or
over which it may have nonexclusive control and possession;
Provided further, That the United States shall pay a fair rental
for its use, control, or possession, exclusively or nonexclusively,
of any improvements to the airport made without United States
aid.

(F) The United States shall at all times have the right to make
nonexclusive use of the landing area of the airport at which the
surplus property is located or used, without charge: Provided,
however, That such use may be limited as mav be determined at
any time by the Administrator of the Federal Aviation Agency
to be necessary to prevent undue interference with use by other
authorized aircraft: Provided further, That the United States
shall be obligated to pay for damages caused by such use, or if its
use of the landing area is substantial, to contribute a reasonable

[Emphasis supplied.]

455

share of the cost of maintaining and operating the landing area,
commensurate with the use made by it.

(G) Any public agency accepting a conveyance or transfer of
surplus property under the provisions of this subsection shall
release the United States from any and all liability it may be
under for restoration or other damages under any lease or other
agreement covering the use by the United States of any airport, or
part thereof, owned, controlled, or operated by the public agency
upon which, adjacent to which, or in connection with which, the
surplus property was located or used : Provided, That no such re-
lease shall be construed as depriving the public agency of any
right it may otherwise have to receive reimbursement under sec-
tion 17 of the Federal Airport Act [former section 1116 of Title
49] for the necessary rehabilitation or repair of public airports
heretofore or hereafter substantially damaged by any Federal
agency.

(H) In the event that any of the terms, conditions, reservations,
and restrictions upon or subject to which the property is disposed
of is not met, observed, or complied with, all of the property so
disposed of or any portion thereof, shall, at the option of the
United States, revert to the United States in its then existing
condition.

(3) In making any disposition of surplus property under this sub-
section, the disposal agency is authorized, upon the request of the
Administrator of the Federal Aviation Agency, the Secretary of the
Army, or the Secretary of the Navy, to omit from the instruments of
disposal any of the terms, conditions, reservations, and restrictions re-
quired by paragraph (2) hereof, and to include any additional terms,
conditions, reservations, and restrictions, if the Administrator of the
Federal Aviation Agency, the Secretary of the Army, or the Secretary
of the Navy determines that such omission or inclusion is necessary to
protect or advance the interests of the United States in civil aviation or
for national defense.

(4) Repealed. Oct. 1, 1949, ch. 589, § 5, 63 Stat. 700.

(5) All surplus property within the purview of this subsection
which is not disposed of pursuant hereto shall be disposed of as pro-
vided elsewhere in this Act [former sections lfill to 1614, 1615 to 1622,
1623 to 1632, and 1633 to 1646 of this Appendix] or other applicable
Federal Statute.

(6) Notwithstanding the provisions of subsection (f) of this sec-
tion and subsection (e) of section 18 [former section 1627(e) of this
Appendix], the disposal of surplus property under this subsection,
which is determined by the Administrator of General Services to be
available for the purposes enumerated in this subsection, shall be
given priority immediately following transfers to other Government
agencies under section 12 [former section 1621 of this Appendix].

(h) Historic-monument sites.

(1) Notwithstanding any other provision of this Act [former sec-
tions 1611 to 1614, 1615 to 1622, 1623 to 1632 and 1633 to 1646 of this
Appendix] , any disposal agency designated pursuant to this Act [said

r Emphasis supplied.]

456

sections] may, with the approval of the Administrator of General
Services, convey to any State, political subdivision, instrumentalities
thereof, or municipality, all of the right, title, and interest of the
United States in and to any surplus land, including improvements
and equipment located thereon, which in the determination of the
Secretary of the Interior, is suitable and desirable for use as a his-
toric monument, for the benefit of the public. The Administrator of
General Services, from funds appropriated to the War Assets Admin-
istration, shall reimburse the Secretary of the Interior for the costs
incurred in making any such determination.

(2) Conveyances of property for historic-monument purposes un-
der this subsection shall be made without monetary consideration:
Provided, That no property shall be determined under this paragraph
to be suitable or desirable for use as an historic-monument except in
conformity with the recommendation of the Advisory Board on Na-
tional Parks, Historic Sites; Buildings and Monuments established by
section 3 of the Act entitled "An Act for the preservation of historic
American sites, buildings, objects, and antiquities of national signifi-
cance, and for other purposes", approved August 21, 1935 (49 Stat.
666) [section 463 of Title 16], and no property shall be so determined
to be suitable or desirable for such use if (A) its area exceeds that
necessary for the preservation of proper observation of the historic
monument situated thereon, or (B) its historical significance relates
to a period of time within the fifty years immediately preceding the
determination of suitability and desirability for such use.

(3) The deed of conveyance of any surplus real property disposed
of under the provisions of this subsection —

(A) shall provide that all such property shall be used and
maintained for the purpose for which it was conveyed for a pe-
riod of not less than twenty years, and that in the event that such
property ceases to be used or maintained for such purpose during
such period, all or any portion of such property shall in its then
existing condition, at the option of the United States, revert to
the United States : and

(B) may contain such additional terms, reservations, restric-
tions, and conditions as may be determined by the Administra-
tor of General Services to be necessary to safeguard the interests
of the United States.

(Oct. 3, 1944. ch. 479, § 13. 58 Stat. 770; Sept. 18, 1945, ch. 368, ? 2,
59 Stat. 533; May 3, 1946. ch. 248, 2-4. 60 Stat. 168: 1947 Reo'rg.
Plan No. 1, § 501. eff. July 1. 1947. 12 F. K. 4535. 61 Stat. 952: Julv 30
1947, ch. 404, 61 Stat. 678; June 10. 1948, ch. 433, 1, 2. 62 Stat 350 ■
June 29. 1948. ch. 727. 62 Stat. 1103: June 30, 1949, ch. 288 title I
§105, title VI, § 602(a)(1), formcrlv title V, 5 502(a)(1), 63 Stat
399, renumbered Sept. 5. 1950, ch. 849, S 6 (a), (b), 64 Stat. 583. and
amended Oct. 1. 1949. ch. 589. 1, 5. 63 Stat. 700; Ausr. 23 1958
Pub. L. S5-726. title XIV. S 1402(c). 72 Stat. 807; July 20 1961
Pub. L. 87-90, 75 Stat. 21 1; May 21. 1970. Pub. L. 91-258 title T

1085^ f6)' 84 Stat ' °Ct' 22' 197°' Pub" L' 91^85' § 5'"84 Stat"
fEmphiisis supplied.]

457

50 U.S.C. App. 1742. Price adjustment on prior sales to citizens

(a) Form, manner, and time of application.

A citizen of the United States who on the date of the enactment of
this Act [March 8, 1946]—

(1) owns a vessel which he purchased from the Commission
prior to such date, and which was delivered by its builder after
December 31, 1940; or

(2) is party to a contract with the Commission to purchase
from the Commission a vessel, which has not yet been delivered
to him; or

(3) owns a vessel on account of which a construction-differen-
tial subsidy was paid, or agreed to be paid, by the Commission
under section 504 of the Merchant Marine Act, 1936, as amended
[section 1154 of Title 46], and which was delivered by its builder
after December 31, 1940 ; or

(4) is party to a contract with a shipbuilder for the construc-
tion for him of a vessel, which has not yet been delivered to him,
and on account of which a construction-differential subsidy was
agreed, prior to such date, to be paid by the Commission under
section 504 of the Merchant Marine Act, 1936, as amended [sec-
tion 1154 of Title 46] ,

shall, except as hereinafter provided, be entitled to an adjustment in
the price of such vessel under this section if he makes application
therefor, in such form and maimer as the Commission may prescribe,
within sixty days after the date of publication of the applicable pre-
war domestic costs in the Federal Register under section 3 (c) of this
Act [section 1736 (c) of this Appendix]. No adjustment shall be made
under this section in respect of any vessel the contract for the con-
struction of which was made after September 2, 1945, under the provi-
sions of title V [subchapter V of chapter 27 of Title 46] (including
section 504 [section 1154 of Title 46]) or title VII of the Merchant
Marine Act, 1936, as amended [subchapter VII of chapter 27 of Title
46].

(b) Determination of amount.

Such adjustment shall be made, as hereinafter provided, by treating
the vessel as if it were being sold to the applicant on the date of the
enactment of this Act [March 8, 1946], and not before that time. The
amount of such adjustment shall be determined as follows :

(1) The Commission shall credit the applicant with the excess
of the cash payments made upon the original purchase price of
the vessel over 25 per centum of the statutory sales price of the
vessel as of such date of enactment [March 8, 1946]. If such pay-
ment was less than 25 per centum of the statutory sales price of
the vessel, the applicant shall pay the difference to the Commis-
sion.

(2) The applicant's indebtedness under any mortage to the
United States with respect to the vessel shall be adjusted.

(3) The adjusted mortgage indebtedness shall be in an amount
equal to the excess of the statutory sales price of the vessel as of
the date of the enactment of this Act [March 8, 1946] over the
sum of the cash payment retained by the United States under para-

458

graph (1) plus the readjusted trade-in allowance (determined
under paragraph (7)) with respect to any vessel exchanged by
the applicant on the original purchase. The adjusted mortgage
indebtedness shall be payable in equal annual installments there-
after during the remaining life of such mortgage with interest on
the portion of the statutory sales price remaining unpaid at the
rate of 3% per centum per annum.

(4) The Commission shall credit the applicant with the excess,
if any. of the sum of the cash payments made by the applicant
upon the original purchase price of the vessel plus the readjusted
trade-in allowance (determined under paragraph (7) ) over the
statutory sales price of the vessel as of the date of the enactment
of this Act [March 8, 1946] to the extent not credited under para-
graph ( 1 ) .

(5) The Commission shall also credit the applicant with an
amount equal to interest at the' rate of 3% per centum per annum
(for the period beginning with the date of the original delivery
of the vessel to the applicant and ending with the date of the
enactment of this Act [March 8, 1946] ) on the excess of the orig-
inal purchase price of the vessel over the amount of any allowance
allowed by the Commission on the exchange of any vessel on such
purchase ; the amount of such credit first being reduced by any
interest on the original mortgage indebtedness accrued up to such
date of enactment and unpaid. Interest so accrued and unpaid
shall be canceled.

(6) The applicant shall credit the Commission with all amounts
paid by the United States to him as charter hire for use of the
vessel (exclusive of service, if any, required under the terms of the
charter) under any charter party made prior to the date of the
enactment of this Act [March 8, 1946] , and any charter hire for
such use accrued up to such date of enactment and unpaid shall
be canceled ; and the Commission shall credit the applicant with
the amount that would have been paid by the United States to the
applicant as charter hire for bare-boat use of vessels exchanged
by the applicant on the original purchase ( for the period begin-
ning with date on which the vessels so exchanged were delivered
to the Commission and ending with the date of the enactment of
this Act [March 8, 1946] ) .

(7) The allowance made to the applicant on any vessel ex-
changed by him on the original purchase shall be readjusted so as
to limit such allowance to the amount provided for under section
8 [section 1741 of this Appendix] .

(8) There shall be subtracted from the sum of the credits in
favor of the Commission under the foregoing provisions of this
subsection the amount of any overpayments of Federal taxes by
the applicant resulting from the application of subsection (c) (1)
of this section, and there shall be subtracted from the sum of the
credits in favor of the applicant under the foregoing provisions
of this subsection the amount of any deficiencies in Federal taxes
of the applicant resulting from the application of subsection (c)
(1) of this section. If, after making such subtractions, the sum
of the credits in favor of the applicant exceeds the sum of the
credits in favor of the Commission, such excess shall be paid by

459

the Commission to the applicant. If, after making such subtrac-
tions, the sum of the credits in favor of the Commission exceeds
the sum of the credits in favor of the applicant, such excess shall
be paid by the applicant to the Commission. Upon such payment
by the Commission or the applicant, such overpayments shall be
treated as having been refunded and such deficiencies as having
been paid.

For the purposes of this subsection, the purchase price of a vessel on
account of which a construction-differential subsidy was paid or agreed
to be paid under section 504 of the Merchant Marine Act, 1936, as
amended [section 1154 of Title 46], shall be the net cost of the vessel
to the owner.

An adjustment shall be made under this section only if the applicant
enters into an agreement with the Commission binding upon the citi-
zen applicant and any affiliated interest to the effect that —

(1) depreciation and amortization allowed or allowable with
respect to the vessel up to the date of the enactment of this Act
[March 8, 1946] for Federal tax purposes shall be treated as not
having been allowable ; amounts credited to the Commission under
subsection (b) (6) of this section shall be treated for Federal tax
purposes as not having been received or accrued as income;
amounts credited to the applicant under subsection (b) (5) and
(6) of this section shall be treated for Federal tax purposes as
having been received and accrued as income in the taxable year in
which falls the date of the enactment of this Act (March 8, 1946) ;

(2) the liability of the United States for use (exclusive of serv-
ice, if any, required under the terms of the charter) of the vessel
on or after the date of the enactment of this Act [March 8, 1946]
under any charter party shall not exceed 15 per centum per annum
of the statutory sales price of the vessel as of such date of enact-
ment [March 8, 1946] and the liability of the United States under
any such charter party for loss of the vessel shall be determined
on the basis of the statutory sales price as of the date of the enact-
ment of this Act [March 8, 1946], depreciated to the date of loss
at the rate of 5 per centum per annum : Provided, That the provi-
sions of this subsection (c) (2) [of this section] shall not apply to
any such charter party executed on or after the date of enactment
of this amendatory proviso [August 6, 1956] ; and the Secretary
of Commerce is directed to modify any adjustment agreement to
the extent necessary to conform to the provisions of this amenda-
tory proviso; and

(3) in the event the United States, prior to the termination of
the existing national emergency declared by the President on
May 27, 1941, uses such vessel pursuant to a taking, or pursuant to
a bare-boat charter made, on or after the date of the enactment of
this Act [March 8, 1946] , the compensation to be paid to the pur-
chaser, his receivers, and trustees, shall in no event be greater than
15 per centum per annum of the statutory sales price as of such
date.

(d) Applicability of other laws.

Section 506 of the Merchant Marine Act, 1936, as amended [section
1156 of Title 46], shall not apply with respect to (1) any vessel which

460

is eligible for an adjustment under this section, or (2) any vessel de-
scribed in clause (1), (2), (3), or (4) of subsection (a) of this section,
the contract for the construction of which is made after September 2,
194.'., and prior to the date of enactment of this Act [March 8, 1946].
(Mar. 8, 1946, ch. 82, § 9, 60 Stat. 46; Aug. 6, 1956, ch. 1013, 70 Stat.
1068.) _

50 U.S.C. App. 1744. Composition op national defense reserve fleet;

VESSELS AVAILABLE TO STATE MARINE SCHOOLS

(a) The Secretary of Commerce shall place in a national defense
reserve (1) such vessels owned by the Department of Commerce as,
after consultation with the Secretary of the Army and the Secretary
of the Navy, he deems should be retained for the national defense, and
(2) all vessels owned by the Department of Commerce on June 30,
1950, for the sale of which a contract has not been made by that time,
except those determined by the Secretary of Commerce to be of insuffi-
cient value for commercial and national defense purposes to warrant
their maintenance and preservation, and except those vessels, the con-
tracts for the construction of which are made after September 2, 1945,
under the provisions of the Merchant Marine Act, 1936, as amended
[chapter 27 of Title 46]. A vessel under charter on March 1, 1948,
shall not be placed in the reserve until the termination of such charter.
Unless otherwise provided for by law, all vessels placed in such re-
serve shall be preserved and maintained by the Secretary of Com-
merce for the purpose of national defense. A vessel placed in such
reserve shall in no case be used for any purpose whatsoever except
that any such vessel may be used for account of any agency or depart-
ment of the United States during any period in which vessels may be
requisitioned under section 902 of the Merchant Marine Act, 1936,
as amended [section 1242 of Title 46], and that any such vessel may
be used under a bare-boat charter entered into pursuant to authority
vested in the Secretary of Commerce on July 1, 1950, or granted to the
Secretary of Commerce after such date.

(b) Any war-built vessel may be made available by the Secretary of
Commerce to any State maintaining a marine school or nautical
branch in accordance with the Act of July 29, 1941, Public Law 191,
Seventy -seventh Congress; 55 Stat. 607 (Mar. 8, 1946, ch. 82, § 11, 60
Stat. 49; June 28, 1947, ch. 161, § 1, 61 Stat. 190; Feb. 27, 1948, ch. 78,
§ 1(a), 62 Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch.
281, § 1, 63 Stat. 349; 1950 Eeorg. Plan No. 21, §8 204, 305, 306, eft.
May 24, 1950, 15 F.E. 3178; 64 Stat. 1276, 1277; June 30, 1950, ch.
427, §2, 64 Stat. 308.) _ -

50 U.S.C. App. 1878e. Extension of loan to France ; availability of
vessels to European, Latin American, and Far Eastern nations ;
pool of vessels ; rules and regulations

Notwithstanding section 7307 of title 10, United States Code, or any
other law, the President may extend the loan of one aircraft carrier to
the Government of France until June 30, 1960, and may in addition
lend or otherwise make available to friendly foreign nations, from

461

the reserve fleet, on such terms and under such conditions as he deems
appropriate, destroyers, destroyer escorts, and submarines, as fol-
lows: (1) North Atlantic Treaty Organization and European Area
(the Federal Republic of Germany, Greece, Italy, Norway, Spain and
Turkey) not to exceed nineteen ships; (2) Latin American area (Ar-
gentina, Brazil, Chile, Colombia, Cuba, Ecuador, Peru and Uruguay)
not to exceed eighteen ships; (3) Far Eastern area (Japan, Taiwan,
and Thailand) not to exceed four ships; and (4) a pool of not to
exceed two such ships to be loaned to friendly nations in an emergency.
The President may promulgate such rules and regulation as he deems
necessary to carry out the provisions of this Act [sections 1878e to
1878i of this Appendix]. (Pub. L. 85-532, § 1, July 18, 1958, 72 Stat.
.376.)

— N O T E —

Excep.it from S. Reft. 1583, 85th Cong., 2d Sess. (1958)

The committee was informed that the ships proposed for
loan under this bill will be used by the recipient countries to
discharge naval responsibilities assumed by them in their
areas. These ships will assist the recipient countries in main-
taining their own internal security, in protecting their coasts
and coastal lines of communication, and in protecting sea
lines of communication.

The Department of Defense regards as important the
achievement of a strong antisubmarine capability in the areas
where these ships would be loaned.

EXCERPT OF LETTER TO COMMITTEE FROM RICHARD JACKSON,
ASSISTANT SECRETARY OF THE NAVY

The proposed legislation would authorize the President to
lend a total of 43 snips of the destroyer, destroyer escort, and
submarine types from the reserve fleet. Such loans would be
for periods not to exceed 5 years.

The loan of these ships would be very advantageous to the
United States. One of the most important .factors in counter-
ing an enemy threat is the timely positioning of forces. It is
•essential that forces that have vital tasks to perform must be
organized and functioning at the outbreak of hostilities and
the loan of these ships will serve the most important purpose
of deploying ships to critical areas about the world prior to
D-day. We will look to our allies to assist us in many areas
during any future emergency and with the loan of these ships,
which in many instances would replace wornout ships now
operated by trie recipient nations, such nations will be better
able to carry out their functions of assisting our Navy. These
loans would serve the additional purpose of allowing us to
disperse part of our reserve fleet and prevent undue concen-
tration of ships in reserve berthing facilities. It has always

{Emphasis supplied.]

462

been true that a ship in operation is better than a ship in the
reserve fleet. Though our reserve fleet comprises a strong po-
tential, that potential would be vastly increased if the snips
could be adequately manned, operated, and maintained in an
active status. In order for us to accomplish ourselves what
this proposal will do for the United States we would require
an additional number of active ships with an increase in per-
sonnel and, of course, a tremendous increase in cost to the
United States. By allowing our allies to operate these ships
now the ships would be readily available to us for any use
we might have for them in any emergency.

50 U S C App. 1878s. Loans of naval vessfxs to friendly foreign

NATIONS FROM RESERVE FLEET

Notwithstanding section 7307 of title 10, United States Code, or
anv other law, the President may, under conditions which he pre-
scribes lend or otherwise make available to friendly foreign nations
from the Reserve Fleet, on such terms and under such conditions as
he deems appropriate, destroyers, destroyer escorts, and submarines
as follows: (1) North Atlantic Treaty Organization and European
area, not to exceed six ships; (2) southern Asia, not to exceed two
ships; (3) Far Eastern area, not to exceed six ships; and (4) a pool
of not to exceed two such ships to be loaned to friendly nations in an
emergency as a replacement for a ship, covered under an existing loan,
lost by enemy action or an act of God. (Pub. L. 87-387, § 4, Oct. 4,
1961, 75 Stat. 815.)

50 U.S.C. App. 1878w. Five-tear period limitation on loans; dis-
cretionary EXTENSION ; ACTS OF WARFARE BY RECEIPT COUNTRY ; EARLY
TERMINATION

All new loans and loan extensions executed under this Act [sections
1878tt to 1878xx of this Appendix] shall be for periods not exceeding
five years, but the President may in his discretion extend such loans
for an additional period of not more than five years. Any agreement
for a new loan or for the extension of a loan executed under this Act
shall be made subject to the condition that the agreement may be
terminated by the President if he finds that the armed forces of the
borrowing country have engaged, at any time after the date of such
agreement, in acts of warfare against any country which is a party
to a mutual defense treaty ratified by the United States. Any agree-
ment for a new loan or for the extension of a loan executed pursuant
to this Act shall be subject to the condition that the agreement will
be immediately terminated upon a finding made by the President that
the country with which such agreement was made has seized any
United States fishing vessel on account of its fishing activities in
international waters, except that such condition shall not be applica-
ble in any case governed by international agreement to which the

[Emphasis supplied.]

463

United States is a party. All loans and loan extensions shall be made
on the condition that they may be terminated at an earlier date if
necessitated by the defense requirements of the United States. (Pub.
L. 90-224, § 3, Dec. 26, 1967, 81 Stat. 729.)

—NOTE—

Excerpt from H. Reft. 1016, 90th Conq., 1st Sess. ( 1967)

The ships proposed for extension under this legislation
will continue to be used by the recipient countries to discharge
naval responsibilities assumed by them in their areas. These
ships will continue to be of importance to the recipient coun-
tries as regards their own internal security, in protection of
their coasts, coastal lines of communications, and sea lines of
communications. The Department of Defense regards as most
important the achievement of a strong antisubmarine capa-
bility in the areas where these ships are loaned. This con-
tribution by the recipient countries to offsetting any prospec-
tive submarine threat enhances the total defense capability
of the free world. To the extent the recipient countries de-
velop an antisubmarine capability, U.S. naval forces will be
freed from certain antisubmarine tasks.

50 U.S.C. App. 2005. Prisoners of War

(a) Definition.

As used in subsection (b) of this section, the term "prisoner of war"
means any regularly appointed, enrolled, enlisted, or inducted member
of the military or naval forces of the United States who was held as
a prisoner of war for any period of time subsequent to December 7,
1941, by any government of any nation with which the United States
has been at war subsequent to such date.

(b) Payment of claims ; r,ate allowed ; certification of claims.

The Commission is authorized to receive, adjudicate according to
law, and provide for the payment of any claim filed by any prisoner of
war for compensation for the violation by the enemy government by
which he was held as a prisoner of war, or its agents, of its obligation
to furnish him the quantity or quality of food to which he was entitled
as a prisoner of war under the terms of the Geneva Convention of
July 27, 1929. The compensation allowed to any prisoner of war under
the provisions of this subsection shall be at the rate of $1 for each day
he was held as a prisoner of war on which the enemy government or its
agents failed to furnish him such quantity or quality of food. Any
claim allowed under the provisions of this subsection shall be certified
to the Secretary of the Treasury for payment out of the War Claims
Fund established by section 13 of this title [section 2012 of this
Appendix] .

Claims pursuant to subsection (b) of this section shall be paid to tha
person entitled thereto, and shall in case of death of the persons who

464

are entitled be payable only to or for the benefit of the following
persons :

(1) Widow or husband if there is no child or children of the
deceased ;

(2) Widow or husband and child or children of the deceased,
one-half to the widow or husband and the other half to the child
or children of the deceased in equal shares ;

(3) Child or children of the deceased (in equal shares) if there
is no widow or husband ; and

(4) Parents (in equal shares) if there is no widow, husband,
or child.

(d) Additional definition of "prisoner of war"; payment of claims;
rate allowed ; person entitled to payments.

(1) As used in this subsection the term "prisoner of war" means any
regularly appointed, enrolled, enlisted, or inducted member of the
military or naval forces of the United States, who was held a prisoner
of war for any period of time subsequent to December 7, 1941, by any
government of any nation with which the United States has been at
war subsequent to such date.

(2) The Commission is authorized to receive, adjudicate according
to law, and to provide for the payment of any claim filed by any pris-
oner of war for compensation —

(A) for the violations by the enemy government by which he
was held as a prisoner of war, or its agents, of such government's
obligations under title III, section III. of the Geneva Convention
of July 27, 1929, relating to labor of prisoners of war; or

(B) for inhumane treatment by the enemy government by which
he was held, or its agents. The term "inhumane treatment" as used
herein shall include, but not be limited to, violation by such enemy
government, or its agents, of one or more of the provisions of ar-
ticles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57, of the Geneva Conven-
tion of July 27, 1929.

( 3 ) Compensation shall be allowed to any prisoner of wa r under this
subsection at the rate of $1.50 per day for each day he was held as a
prisoner of war on which he alleges and proves in a manner acceptable
to the Commission —

(A) the violation by such enemv government or its agents of
the provisions of title III, section III. of the Geneva Convention
of July 27, 1929 ; or

(B) any inhumane treatment as defined herein.

Any claim allowed under the provisions of this subsection shall be cer-
tified to the Secretary of the Treasury for payment out of the War
Claims Fund established by section 13 of this title [section 2012 of this
Appendix] . In no event shall the compensation allowed to any prisoner
of war under this subsection exceed the sum of $1.50 with respect to
any one dav.

(4) Claims pursuant to subsection (d) (2) of this section shall be
paid to the person entitled thereto, or to his legal or natural guardian
if he has one, and shall, in case of death of the persons who are entitled
be payable onlv to or for the benefit of the following persons :

(A) widow or husband if there is no child or children of the
deceased;

465

(B) widow or husband and child or children of the deceased,
one-half to the widow or husband and the other half to the child
or children of the deceased in equal shares ;

(D) parents (in equal shares) if there is no widow, husband, or
child.

(e) Extension to Korean War prisoners.

( 1) As used in this subsection the term "prisoner of war" means any
regularly appointed, enrolled, enlisted, or inducted member of the
Armed Forces of the United States who was held as a prisoner of war
for any period of time subsequent to June 25, 1950, by any hostile force
with which the Armed Forces of the United States were actually en-
gaged in armed conflict subsequent to such date and prior to August 21,
1954, or any person (military or civilian) assigned to duty in the
U.S.S. Pueblo who was captured by the military forces of North Korea
on January 23, 1968, and thereafter held prisoner by the Government
of North Korea for any period of time ending on or before Decem-
ber 23, 1968, except any person who, at any time, voluntarily, know-
ingly, and without duress, gave aid to or collaborated with or in any
manner served any such hostile force.

(2) The Commission is authorized to receive and to determine, ac-
cording to law, the amount and validity, and provide for the payment
of any claim filed by any prisoner of war for compensation for the
failure of the hostile force by which he was held as a prisoner of war,
or its agents, to furnish him the quantity or quality of food prescribed
for prisoners of war under the terms of the Geneva Convention of
July 27, 1929. The compensation allowed to any prisoner of war under
the provisions of this paragraph shall be at the rate of $1 for each day
on which he was held as a prisoner of war and on which such hostile
force, or its agents, failed to furnish him such quantity or quality of
food.

(3) The Commission is authorized to receive and to determine, ac-
cording to law, the amount and validity and provide for the payment
of any claim filed by any prisoner of war for compensation —

(A) for the failure of the hostile force by which he was held
as a prisoner of war, or its agents, to meet the conditions and re-
quirements prescribed under title III. section III, of the Geneva
Convention of July 27, 1929, relating to labor of prisoners of war ;
or

(B) for inhumane treatment by the hostile force by which he
was held, or its agents. The term "inhumane treatment" as used
herein shall include, but not be limited to, failure of such hostile
force, or its agents, to meet the conditions and requirements of one
or more of the provisions of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56,
or 57 of the Geneva Convention of July 27, 1929.

Compensation shall be allowed to any prisoner of war under this
paragraph at the rate of $1.50 per day for each day on which he was
held as a prisoner of war and with respect to which he alleges and
proves in a manner acceptable to the Commission the failure to meet
the conditions and requirements described in subparagraph (A) of
this paragraph or the inhumane treatment described in subparagraph

466

(B) of this paragraph. In no event shall the compensation allowed to
any prisoner of war under this paragraph exceed the sum of $1.50 with
respect to any one day. ,

(4) Any claim allowed by the Commission under this subsection
shall be certified to the Secretary of the Treasury for payment out of
funds appropriated pursuant to this subsection and shall be paid by
the Secretary of the Treasury to the person entitled thereto, and shall,
in case of death or determination of death of the persons who are en-
titled, be paid only to or for the benefit of the persons specified, and in
the order established, by paragraph (4) of subsection (d) of this
section. . , ...

(5) Each claim filed under this subsection must be filed not later
than one year from whichever of the following dates last occurs :

(A) August 21, 1954;

(B) The date the prisoner of war by whom the claim is hied
returned to the jurisdiction of the Armed Forces of the United
States; or

(C) The date upon which the Department of Defense makes
a determination that the prisoner of war has actually died or is
presumed to be dead, in the case of any prisoner of war who has
not returned to the jurisdiction of the Armed Forces of the United
States. .

(D) In the case of any person assigned to duty in the U.SrS.
Pueblo referred to in paragraph (1) of this subsection, one year
after the date of enactment of this subparagraph.

The Commission shall complete its determinations with respect to
each claim filed under this subsection at the earliest practicable date,
but in no event later than one year after the date on which such claim
was filed.

(6) Any claim allowed under the provisions of this subsection shall
be paid from funds appropriated pursuant to paragraph (7) of this
subsection.

(7) (A) There are authorized to be appropriated such amounts as
may be necessary to carry out the purposes of this subsection, including
necessary administrative expenses.

(B) The Commission shall determine, from time to time, the share
of its administrative expenses attributable to the performance of its
functions under this subsection and make the appropriate adjustments
in its accounts, and determinations and adjustments made pursuant to
this subparagraph shall be final and conclusive.

(f) Vietnam conflict; definitions; authority of Commission; classes
of claims; rate of compensation; certification for payment; persons
entitled to payments; filing date; determination of claims; fund for
payment ; appropriations.

(1) As used in this subsection —

( A) the term "Vietnam conflict" relates to the period beginning
February 28, 1961, and ending on such date as shall thereafter be
determined by Presidential proclamation or concurrent resolution
of the Congress; and

(B) the term "prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the Armed Forces of

[Emphasis supplied.]

467

the United States who was held as a prisoner of war for any pe-
riod of time during the Vietnam conflict by any force hostile to
the United States, except any such member who, at any time, vol-
untarily, knowingly, and without duress, gave aid to, collaborated
with, or in any manner served, such hostile force.

(2) The Commission is authorized to receive and to determine, ac-
cording to law, the amount and validity, and provide for the payment
of any claim filed by any prisoner of war for compensation for the
failure of the hostile force by which he was held as a prisoner of war,
or its agents, to furnish him the quantity or quality of food prescribed
for prisoners of war under the terms of the Geneva Convention of Au-
gust 12, 1949. The compensation allowed to any prisoner of war under
the provisions of this paragraph shall be at the rate of $2 for each day
on which he was held as a prisoner of war and on which such hostile
force, or its agents, failed to furnish him such quantity or quality of
food.

(3) The commission is authorized to receive and to determine, ac-
cording to law, the amount and validity and provide for the payment
of any claim filed by any prisoner of war for compensation —

(A) for the failure of the hostile force by which he was held
as a prisoner of war, or its agents, to meet the conditions and re-
quirements prescribed under chapter VIII, section III, of the
Geneva Convention of August 12, 1949, relating to labor of pris-
oners of war ; or

(B) for inhumane treatment by the hostile force by which he
wr.s held, or its agents. The term "inhumane treatment" as used in
this subparagraph shall include, but not be limited to, failure of
such hostile force, or its agents, to meet the conditions and require-
ments of one or more of the provisions of articles 3, 12, 13, 14, 17,
19, 22, 23, 24, 25. 27, 29, 43, 44, 45, 46, 47, 48, 81, 85, 86, 87, 88, 89,
9f), 97, or 98 of the Geneva Convention of August 12, 1949.

Compensation shall be allowed to any prisoner of war under this para-
graph at the rate of $3 per day for each day on which he was held as
a prisoner of war and with respect to which he alleges and proves in
a manner acceptable to the Commission the failure to meet the condi-
tions and requirements described in subparagraph (A) of this para-
graph or the inhumane treatment described in subparagraph (B) of
this paragraph. In no event shall the compensation allowed to any
prisoner of war under this paragraph exceed the sum of $3 with re-
spect to any one day.

(4) Any claim allowed by the Commission under this subsection
shall be certified to the Secretary of the Treasury for payment out of
funds appropriated pursuant to this subsection and shall be paid by
the Secretary of the Treasury to the person entitled thereto, and shall,
in the case of death or determination of death of the persons who are
entitled, be paid only to or for the benefit of the persons specified, and
in the order established, by subsection (d) (4) of this section.

(5) Each claim filed under this subsection must be filed not later
than three years from whichever of the following dates last occurs :

( A ) the date of enactment of this subsection ;

(B) the date the prisoner of war by whom the claim is filed
returned to the jurisdiction of the Armed Forces of the United
States; or

468

(C) the date upon which the Department of Defense makes a
determination that the prisoner of war has actually died or is
presumed to be dead, in the case of any prisoner of war who nas
not returned to the jurisdiction of the Armed Forces of the United

The Commission shall complete its determinations with respect to each
claim filed under this subsection at the earliest practicable date, but in
no event later than one year after the date on which such claim was

fil<(6) Any claim allowed under the provisions of this subsection shall
be paid from funds appropriated pursuant to paragraph (7) of this
subsection. ,

(7) There are authorized to be appropriated such amounts as may
be necessary to carry out the purposes of this subsection, including
necessary administrative expenses.

(g) Manner of payment. . ...

Where any person entitled to payment under this section is under
any legal disability, payment may be made in accordance with the
provisions of subsection (e) of section 5 [section 2004(e) of this
Appendix]. (July 3, 1948, ch. 826, § 6, 62 Stat. 1244; Sept. 30, 1950,
ch. 1116, 64 Stat. 1090; Apr. 9, 1952, ch. 167, § 1, 66 Stat. 47 ; Apr. 9,
1952, ch. 168, § 2, 66 Stat. 49 ; Aug. 21, 1954, ch. 784, § 2, 68 Stat. 761 ;
Aug. 31, 1954, ch. 1162, title I, § 102(a) (1), 68 Stat. 1034; Oct. 22,
1962, Pub. L. 87-846, title I, § 102, 76 Stat. 1107; June 24, 1970, Pub.
L. 91-289, §§ 1, 2, 84 Stat. 323.)

50 U.S.C. App. 2071. Priority in contracts and orders

(a) Allocation of materials and facilities.

The President is authorized (1) to require that performance under
contracts or orders (other than contracts of employment) which he
deems necessary or appropriate to promote the national defense shall
take priority over performance under any other contract or order, and,
for the purpose of assuring such priority, to require acceptance and
performance of such contracts or orders in preference to other contracts
or orders by any person he finds to be capable of their performance,
and (2) to allocate materials and facilities in such manner, upon such
conditions, and to such extent as he shall deem necessary or appro-
priate to promote the national defense.

(b) Critical and strategic materials.

The powers granted in this section shall not be used to control the
general distribution of any material in the civilian market unless the
President finds (1) that such material is a scarce and critical material
essential to the national defense, and (2) that the requirements of the
national defense for such material cannot otherwise be met without
creating a significant dislocation of the normal distribution of such
material in the civilian market to such a degree as to create appreciable
hardship. (Sept. 8, 1950, ch. 932. title I, § 101, 64 Stat. 799; July 31,
1951, ch. 275, title I, § 101(a), 65 Stat. 132; June 30, 1952, ch. 530,

[Emphasis supplied.)

469

title I, §§ 101, 102, 66 Stat. 296; June 30, 1953, ch. 171, § 3, 67 Stat.
129.)

—NOTE—

Excerpt from H. Reft. 2759, 81st Cong., 2d Sess. (1950)

The President's message to the Congress of July 19, 1950,
reported on the situation in Korea and presented his views
concerning the significance of these events for this Nation
and for the world. In the words of the President the signifi-
cance of Korea is, "The free world has made it clear, through
the United Nations, that lawless aggression will be met with
force." He pointed out that the United States must increase
its military strength and preparedness not only to deal with
the aggression in Korea but also to increase our common de-
fense, with other free nations, against further aggression and
that the steps that must be taken will necessarily have reper-
cussions upon our economy. He urged prompt action to in-
sure that the increased national-defense needs will be met and
that our economic strength which is at the base of our security
is not impaired, but continues to grow.

*******

The bill reported by your committee provides for dealing
with the situation in two principal ways. The first, by chan-
neling needed materials into production for the national de-
fense and the second by providing authority through the ex-
ercising of credit controls to reduce consumer demand for
goods and materials needed for the national defense. At the
same time the bill also provides authority through a system
of loans and loan guaranties for increasing the production
of materials required to support an increased defense program
and also provides authority for the procurement of metals
and minerals for stockpiling and other defense purposes.
*******

PRIORITIES, ALLOCATIONS, AND AUTHORITY TO REQUISITION

Titles I and II of the bill would provide the means for a
direct and specific approach to the problem of channeling ma-
terials and equipment in accordance with our national objec-
tives. Title I would authorize the President to assign priori-
ties and to allocate materials and facilities. It would provide
that the authority shall not be used to ration at the retail level
consumer goods for household or personal use. In all other
respects, the powers that would be granted are broad and
flexible. They would include the power to issue orders stop-
ping or reducing the production of any item ; orders to pro-
hibit the use of a material for a particular purpose or for
anything except a particular purpose ; and orders to prohibit
the accumulation of excessive inventories. They would au-

[ Emphasis supplied.]

470

thorhe the President to require filling certain orders in prefer-
ence to other orders, or requiring the acceptance and perfor-
mance of particular orders. Where limited action would be
required to accomplish the necessary purpose, limited action
could be taken. As far as possible the action to be taken could
be limited to the immediate objective. Our productive and
distributive system is so complex that authority which did
not permit this flexibility would be likely either to prove in-
sufficient or to do more harm than good. Title II would give
the President authority to requisition. This power is needed
only as a stand-by device, to insure that persons who hoard
excessive quantities of materials and refuse to make them
available could be compelled to do so. Full provision would be
made, of course, for the payment of just compensation.

The power to requisition is a drastic exercise of the sover-
eign power. The committee is desirous of reducing to the mini-
mum the effect of requisitioning upon the public. Provisions
have therefore been inserted, requiring that the authority
cannot be exercised unless the President has been unable
to obtain the property on fair and reasonable terms, requir-
ing the President to give the former owner the opportunity
to reacquire the property at its then fair value, when it is no
longer needed for the national defense, and providing for
payment of 75 percent (instead of 50 percent as provided in
the bill as introduced) of the value as determined by the
President, when the former owner does not accept the amount
so determined and wishes to have the amount of compensation
determined by a court.

50 U.S.C. App. 2072. Hoarding or designated scarce materials

In order to prevent hoarding, no person shall accumulate (1) in
excess of the reasonable demands of business, personal, or home con-
sumption, or (2) for the purpose of resale at prices in excess of pre-
vailing market prices, materials which have been designated by the
President as scarce materials or materials the supply of which would
be threatened by such accumulation. The President shall order pub-
lished in the Federal Register, and in such other manner as he may
deem appropriate, every designation of materials the accumulation
of which is unlawful and any withdrawal of such designation.

In making such designations the President may prescribe such con-
ditions with respect to the accumulation of materials in excess of the
reasonable demands of business, personal, or home consumption as he
deems necessary to carry out the objectives of this Act [sections 2061,
2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix]. This section shall not be construed to limit the authority
contained in sections 101 and 704 of this Act [sections 2071 and 2154
of this Appendix]. (Sept. 8, 1950, ch. 932, title I, § 102, 64 Stat. 799;
July 31, 1951. ch. 275, title I, § 101(b), 65 Stat. 132.)

[See 50 U.S.C. 2071 (H. Kept. 2759) . Supra.]

[Emphasis supplied.]

471

50 U.S.C. App. 2073. Penalties

Any person who willfully performs any act prohibited, or willfully
fails to perform any act required, by the provisions of this title [sec-
tions 2071 to 2073 of this Appendix] or any rule, regulation, or order
thereunder, shall, upon conviction, be fined not more than $10,000 or
imprisoned for not more than one year, or both. (Sept. 8, 1950, ch. 932,
title I, § 103, 64 Stat. 799.)

[See 50 App. U.S.C. 2071 (H. Rept. 2759). Supra.']

50 U.S.C. App. 2093. Purchase op raw materials and

INSTALLATION OF EQUIPMENT

(a) Purchases for use or resale ; development of strategic minerals
and metals ; agricultural commodities ; termination date.

To assist in carrying out the objectives of this Act [sections 2061,
2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix], the President may make provision (1) for purchases of
or commitments to purchase metals, minerals, and other materials, for
Government use or resale; and (2) for the encouragement of explora-
tion, development, and mining of critical and strategic minerals and
metals : Provided, however, That purchases for resale under this sub-
section shall not include that part of the supply of an agricultural com-
modity which is domestically produced except insofar as such domes-
tically produced supply may be purchased for resale for industrial
uses or stockpiling, and no commodity purchased under this subsec-
tion shall be sold 'at less than the established ceiling price for such
commodity (except that minerals and metals shall not De sold at less
than the established ceiling price, or the current domestic market
pricej whichever is lower) , or, if no ceiling price has been established,
the higher of the following: (i) the current domestic market price for
such commodity, or (ii) the minimum sale price established for agri-
cultural commodities owned or controlled by the Commodity Credit
Corporation as provided in section 407 of Public Law 439, Eighty-first
Congress [section 1427 of Title 7] : Provided further, however, That
no purchase or commitment to purchase any imported agricultural
commodity shall be made calling for delivery more than one year
after the expiration of this Act [J une 30, 1952] .

(b) Terms and conditions o,f purchase.

Subject to the limitations in subsection (a) of this section, pur-
chases and commitments to purchase and sales under such subection
may be made without regard to the limitations of existing law, for such
quantities, and on such terms and conditions, including advance pay-
ments, and for such periods, but not extending beyond June 30, 1975,
as the President deems necessary, except that purchases or commit-
ments to purchase involving higher than established ceiling prices (or
if there be no established ceiling prices, currently prevailing market
prices) or anticipated loss on resale shall not be made unless it is deter-
mined that supply of the materials could not be eff^tively increased at
lower prices or on terms more favorable to the Government or that such

[Emphasis supplied.]

472

purchases are necessary to assure the availability to the United States
of overseas supplies.

If the President finds —

(1) that under generally fair and equitable ceiling prices for
any raw or nonprocessed material, there will result a decrease in
supplies from high-costs sources o,f such material, and that the
continuation of such supplies is necessary to carry out the objec-
tives of the Act [sections 2061, 2062, 2071 to 2073. 2091 to 2094,
2151 to 2163 and 2164 to 2168 of this Appendix] ; or

(2) that an increase in cost of transportation is temporary in
character and threatens to impair maximum production or supply
in any area at stable prices of any materials ;

he may make provision for subsidy payments on any such domestically
produced material other than an a<rricultural commodity in such
amounts and in such manner (including purchases of such material
and its resale at a loss without regard to the limitations of existing
law), and on such terms and conditions, as he determines to be neces-
sarv to insure that supplies from such hieh-eost sources are continued,
or that maximum production or supply in such area at stable prices of
such materials is maintained, as the case may be.

(d) Transportation, storage, and processing.

The procurement power granted to the President by this section
shall include the power to transport and store and have processed and
refined, anv materials procured under this section.

(e) Installation of equipment in industrial facilities.

When in his iudgment it will aid the national defense, the President
is authorized to install additional eqquipment. facilities, processes or
improvements to plants, factories, and other industrial facilities owned
by the United States Government, and to install government-owned
equipment in plants, factories, and other industrial facilities owned
by private persons.

(f) Transfer of excess materials to national stockpile.
Notwithstanding anv other provision of law to the contrarv. metals,

minerals, and materials acquired pursuant to the provisions of this
section which, in the iudgment of the President, are excess to the needs
of programs under this Act [sections 2061. 2062. 2071 to 2073, 2091
to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix"!, shall be
transferred to the national stockpile established pursuant to the Act
of June 7, 1939. as amended [sections 98-98h of Title 50], when, the
President deems surh action to he m the public interest. Transfers
made pursuant to this subsection shall be made without charge against
or reimbursement from funds available under such Act of June 7
1939 [sections 98 to 98h of Title 50], as amended, except that costs
incident to such transfer other than acquisition costs shall be paid or
reimbursed from such funds, and the acquisition costs of such metals,
minerals, and materials transferred shall be deemed to be net losses in-
curred by the transferring agency and the notes pavable issued to the
Secretary of the Weasury representing the amounts thereof shall be
canceled. Upon the cancellation of any such notes the aggregate
amount of borrowing which may be outstanding at any one time under
[Emphasis supplied.]

473

section 304 (b) of this Act, as amended [section 2094 (b) of this Ap-
pendix], shall be reduced in an amount equal to the amount of any
notes so canceled.

(g) Development of substitutes for strategic and critical materials.

When in his judgment it will aid the national defense, and upon a
certification by the Secretary of Agriculture or the Secretary of the In-
terior that a particular strategic and critical material is likely to be in
short supply in time of war or other national emergency, the President
may make provision for the development of substitutes for such stra-
tegic and critical materials. (Sept. 8, 1950, ch. 932, title III, § 303, 64
Stat. 801 ; July 31, 1951, ch. 275, title I, § 103 (a) , 65 Stat. 133 ; June 30,
1953, ch. 171, §§ 5, 6, 67 Stat. 130; Aug. 9, 1955, ch. 655, § 3, 69 Stat.
580 ; June 29, 1956, ch. 474, § 2, 70 Stat. 408 ; June 30, 1964, Pub. L. 88-
343, §2, 78 Stat. 235.)

— N O T E —

Excerpt from H. Reft. 2759, 81st Cong., 2d Sess. (1950)

The President's message to the Congress of July 19, 1950, reported
on the situation in Korea and presented his views concerning the
significance of these events for this Nation and for the world. In
the words of the President the significance of Korea is, "The free
world has made it clear, through the United Nations, that lawless
aggression will be met with force." He pointed out that the United
States must increase its military strength and preparedness not only
to deal with the aggression in Korea but also to increase our common
defense, with other free nations, against further aggression and that
the steps that must be taken will necessarily have repercussions upon
our economy. He urged prompt action to insure that the increased
national-defense needs will be met and that our economic strength,
which is at the base of our security is not impaired, but continues to
grow.

The bill reported by your committee provides for dealing with the
situation in two principal ways. The first, by channeling needed ma-
terials into production for the national defense and the second, by
providing authority through the exercising of credit controls to reduce
consumer demand for goods and materials needed for the national
defense. At the same time the bill also provides authority through a
system of loans and loan guaranties for increasing the production of
materials required to support an increased defense program and also
provides authority for the procurement of metals and minerals for
stockpiling and other defense purposes.

50 U.S.C. App. 2151. Small business

[TITLE VTI GENERAL PROVISIONS]

(a) Encouragement.

It is the sense of the Congress that small-business enterprises be
encouraged to make the greatest possible contribution toward achiev-

[Emphasis supplied.]

474

ing the objectives of this Act [sections 2061, 2062, 2071 to 2073, 2091
to2094 2151to2163and2164to2168ofthisAppendix].

(b) Information ; advisory committees ; exemptions ; administration.

In order to carry out this policy — ,. , . . -n.

(i) the President shall provide small-business enterprises with
full information concerning the provisions of thjs Act [sections
2061 2062 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to
2168' of this Appendix] relating to, or of benefit to, such enter-
prises and concerning the activities of the various departments
and agencies under this Act [said sections] !

(ii) such business advisory committees shall be appointed as
shall be appropriate for purposes of consultation in the formu-
lation of rules, regulations, or orders, or amendments thereto
issued under authority of this Act [said sections], and in their
formation there shall be fair representation for independent
small, for medium, and for large business enterprises, for differ-
ent geographical areas, for trade association members and non-
members, and for different segments of the industry ;

(iii) in administering this Act [said sections], such exemptions
shall be provided for small-business enterprises as may be feasi-
ble without impeding the accomplishment of the objectives of this
Act [said sections] ; and

(iv) in administering this Act [said sections], special provi-
sions shall be made for the expeditious handling of all requests,
applications, or appeals from small-business enterprises.

Whenever t/ie President invokes the powers given him in this Act
[sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164
to 2168 of this Appendix] to allocate any material in the civilian mar-
ket, he shall do so in such a manner as to make available, so far as
practicable, for business and various segments thereof in the normal
channel of distribution of such material, a fair share of the available
civilian supply based, so far as practicable, on the share received by
such business under normal conditions during a representative period
preceding any future allocation of materials: Provided, That the
President shall, in the allocation of materials in the civilian market,
give due consideration to the needs of new concerns and newly ac-
quired operations, undue hardships of individual businesses, and the
needs of smaller concerns in an industry.

(d) Distribution of defense contracts.

In order to further the objectives and purposes of this section, the
Office of Defense Mobilization is directed to investigate the distribu-
tion of defense contracts with particular reference to the share of
such contracts which has gone and is now going to small business,
either directly or by subcontract; to review the policies, procedures,
and administrative arrangements now being followed in order to in-
crease participation by small business in the mobilization program;
to explore all practical ways, whether by amendments to laws, policies,
regulations, or administrative arrangements, or otherwise, to increase
the share of defense procurement going to small business ; to get from
the departments and agencies engaged in procurement, and from other

[Emphasis supplied.]

475

appropriate agencies including the Small Business Administration,
their views and recommendations on ways to increase the share of
procurement going to small business; and to make a report to the
President and the Congress, not later than six months after August 9,
1955, which report shall contain the following : (i) a full statement of
the steps taken by the Office of Defense Mobilization in making in-
vestigations required by this subsection; (ii) the findings of the Office
of Defense Mobilization with respect to the share of procurement
which has gone and is now going to small business; (iii) a full and
complete statement of the actions taken by the Office of Defense Mobili-
zation and other agencies to increase such small business share ; (iv)
a full and complete statement of the recommendations made by the
procurement agencies and other agencies consulted by the Office of
Defense Mobilization; and (v) specific recommendations by the Office
of Defense Mobilization for further action to increase the share of
procurement going to small business. ( Sept. 8,1950, ch. 932, title VII,
§ 701, 64 Stat. 815; July 31, 1951, ch. 275, title I, § 108, 65 Stat. 138;
June 30, 1953, ch. 171, § 7, 67 Stat. 130; Aug. 9, 1955, ch. 655, §§ 4, 5, 69
Stat. 580.)

[See 50 App. U.S.C. 2160 (H. Rept. 2759) . Infra.]

50 U.S.C. App. 2152. Definitions

As used in this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094,
2151 to 2163 and 2164 to 2168 of this Appendix] .

(a) The word "person" includes an individual, corporation, partner-
ship, association, or any other organized group of persons, or legal
successor or representative of the foregoing, and includes the United
States or any agency thereof, or any other government, or any of its
political subdivisions, or any agency of any of the foregoing: Pro-
vided, That no punishment provided bv this Act [sections 2061, 2062,
2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix] shall apply to the United States, or to any such govern-
ment, political subdivision, or government agency.

(b) The word "materials" shall include raw materials, articles, com-
modities, products, supplies, components, technical information, and
processes.

(d) The term "national defense" means programs for military and
atomic energy production or construction, military assistance to any
foreign nation, stockpiling, space, and directly related activity.

(e) The words "wages, salaries, and other compensation" shall in-
clude all forms of remuneration to employees by their employers for
personal services, including, but limited to, vacation and holiday pay-
ments, night shift and other bonuses, incentive payments, year-end
bonuses, employer contributions to or payments of insurance or wel-
fare benefits, employer contributions to a pension fund or annuity,
payments in kind, and premium overtime payments.

[Emphasis supplied.]

476

(f) The term "defense contractor" means any person who enters
into a contract with the United States for the production of material
or the performance of services for the national defense. (Sept. 8, 1950,
ch. 932, title VII, § 702, 64 Stat. 815 ; June 30, 1953, ch. 171, § 8, 67 Stat.
130; Aug. 15, 1970, Pub. L. 91-379, title I, § 102, 84 Stat. 796.)

[See 50 U.S.C. App. 2160 (H. Kept. 2759). Supra.]

50 U.S.C. App. 2153. Delegation of authority; creation of new
agencies; appointment and compensation of officers and person-
nel; State representation in regional offices

(a) Except as otherwise specifically provided, the President may
delegate any power or authority conferred upon him by this Act [sec-
tions 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to
2168 of this Appendix] to any officer or agency of the Government,
including any new agency or agencies (and the President is authorized
to create such new agencies, other than corporate agencies, as he deems
necessary), and he may authorize such redelegations by that officer or
agency as the President may deem appropriate. Tlie President is au-
thorized to appoint heads and assistant heads of any such new agen-
cies, and other officials therein of comparable status, and to fix their
compensation, without regard to the Classification Act of 1949, as
amended, the head of one such agency to be paid at a rate comparable
to the compensation paid to the heads of executive departments of the
Government, and other such heads, assistant heads, and officials at
rates comparable to the compensation paid to the heads and assistant
heads of independent agencies of the Government. Any officer or agency
may employ civilian personnel for duty in the United States, includ-
ing the District of Columbia, or elsewhere, without regard to section
14 of the Federal Employees Pay Act of 1946 (60 Stat. 219), as the
President deems necessary to carry out the provisions of this Act
[sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164
to 2168 of this Appendix].

(b) The head and assistant heads of any independent agency
created to administer the authority conferred by title IV of this Act
[former sections 2101 to 2112 of this Appendix]"shall be appointed by
the President, by and with the advice and consent of the Senate There
shall be included among the policy-making officers of each regional
office administering the authority conferred by title IV of this Act
r former sections 2101 to 2112 of this Appendix] a resident of each
htatc served by such office whose governor requests such representa-
tion. (Sept. 8, 1950, ch. 932, title VII. § 703, 64 Stat. 816; July 31 1951
ch. 275 title I, § 109 (a, b), 65 Stat. 139.) 7 ' '

[Sec 50 U.S.C. App. 2160 (H. Kept. 2759). Supra.]

50 U.S.C. Are. 2154. Rules, keovlations. and orders

The President may make such rules, regulations, and orders as he
deems necessary or appropriate to carry out the provisions of this Act
[sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2m

[Emphasis supplied.]

477

to 2168 of this Appendix]. Any regulation or order under this Act
[said sections] may be established in such form and manner, may con-
tain such classifications and differentiations, and may provide for such
adjustments and reasonable exceptions as in the judgment of the Presi-
dent are necessary or proper to effectuate the purposes of this Act
[said sections], or to prevent circumvention or evasion, or to facilitate
enforcement of this Act [said sections], or any rule, regulation, or
order issued under this Act [said sections]. No rule, regulation, or
order issued under this Act [said sections] which restricts the use of
natural gas (either directly, or by restricting the use of facilities for
the consumption of natural gas, or in any other manner) shall apply
in any State in which a public regulatory agency has authority to re-
strict the use of natural gas and certifies to the President that it is
exercising that authority to the extent necessary to accomplish the
objectives of this Act [said sections] . ( Sept. 8, 1950, ch. 932, title VII,
§ 704, 64 Stat. 816 ; July 31, 1951, ch. 275, title I, § 109(c), 65 Stat. 139.)
[See 50 U.S.C. App. 2160 (H. Rept. 2759). Infra.]

50 U.S.C. App. 2155. Investigations; records; reports; subpenas;

RIGHT TO COUNSEL

(a) The President shall be entitled, while this Act [sections 2061,
2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix] is in effect and for a period of two years thereafter, by
regulation, subpena, or otherwise, to obtain such information from,
require such reports and the keeping of such records by, make such
inspection of the books, records, and other writings, premises or prop-
erty of, and take the sworn testimony of, and administer oaths and
affirmations to, any person as may be necessary or appropriate, in his
discretion, to the enforcement or the administration of this Act [said
sections] and the regulations or orders issued thereunder. The Presi-
dent shall issue regulations insuring that the authority of this subsec-
tion will be utilized only after the scope and purpose of the investiga-
tion, inspection, or inquiry to be made have been defined by competent
authority, and it is assured that no adequate and authoritative data
are available from any Federal or other responsible agency. In case of
contumacy by, or refusal to obey a subpena served upon, any person
referred to in this subsection, the district court of the United States
for any district in which such person is found or resides or transacts
business, upon application by the President, shall have jurisdiction to
issue an order requiring such person to appear and give testimony or to
appear and produce documents, or both ; and any failure to obey such
order of the court mav be punished by such court as a contempt thereof.

(b) Eepealed. Pub. L. 91-452, title II, § 251, Oct. 15, 1970, 84 Stat.
931.

(c) The production of a person's books, records, or other documen-
tary evidence shall not be required nt any place other than the place
where such person usually keeps them, if, prior to the return date
specified in the regulations, subpena, or other document issued with
respect thereto, such person furnishes the President with a true copy

[Emphasis supplied.]

24-503 O 73-32

478

of such books, records, or other documentary evidence (certified by
such person under oath to be a true and correct copy) or enters into
a stipulation with the President as to the information contained in
such books, records, or other documentary evidence. Witnesses shall
be paid the same fees and mileage that are paid witnesses in the courts
of the United States.

(d) Any person who willfully performs any act prohibited or will-
fully performs any act prohibited or willfully fails to perform any
act required by the above provisions of this section, or any rule, regu-
lation. or order thereunder, shall upon conviction be fined not more
than $1,000 or imprisoned for not more than one year or both.

(e) Information obtained under this section which the President
deems confidential or with reference to which a reouest for confidential
treatment is made bv the person furnishing such information shall
not he published or disclosed unless the President determines that the
withholding thereof is contrary to the interest of the national defense,
and any person willfullv violating this provision shall, upon eon\-ic-
tion, be fined not more than $10,000, or imprisoned for not more than
one vear. or both.

Ml information obtained hv the OnVe Pri"» Stnv>ili"!>tion i>r.r1nr
this sect-ion 705. as amended, and not mi>d» public prior ro April SO.
1053. shall be deemed confidential and shall not be published or dis-
closed, either to the public or to another Federal agency except the
Congress or anv duly authorized committee thereof, and except the
Department of Justice for such use as it mav deem necessary in the
performance of its functions, unless the President determines that the
withholding thereof is contrary to the interests of the national de-
fense, and a showing by the President that such person has engaged
or is about to engage in any such nets or practices a permanent or
temporary injunction, restraining order, or other order, with or with-
out such injunction or restraining order, shall be granted without
bond.

(b) The district courts of the United States and the United States
courts of anv Territory or other place subject to the jurisdiction of the
United htates shall have mrisdiction of violations of this Act Tsec
J,',?oS Wn.ZOf. 2071 to 2073. 2091 to 2094. 2151 to 2KB and 2164 to
21fi8 of this Appendix I or any rule, regulation, order or subpena
thereunder, and of all civil actions under this Act Tsaid sections? to
enforce any liability or duty created by, or to enjoin anv violation of
this Act Tsaid sections! or any rule, regulation, order, or subpena
thereunder. Anv criminal proceeding on account of anv such viola-
tion may be brought in any district in which any act. failure to act
or transaction constituting the violation occurred. Any such civil action
mav be brought m anv such district or in the district in which the
defendant resides or transacts business. Process in such cases, criminal
or civil, may be served in any district wherein the defendant res des
or transacts business or wherever the defendant may be found the
subpena for witnesses who are required to attend a court in anv dis
trict in such case may run into any other district. The termination of
the authority granted in any title or section of this Act [said sect onsl
or of any rule regulation, or order issued thereunder, shall not op
erate to defeat any suit, action, or prosecution, whethW theretofore

479

or thereafter commenced, with respect to any right, liability, or offense
incurred or committed prior to the termination date of such title or
of such rule, regulation, or order. No costs shall be assessed against
the United States in any proceeding under this Act [said sections].
All litigation arising under this Act [said sections] or the regulations
promulgated thereunder shall be under the supervision and control
of the Attorney General. (Sept. 8, 1950, ch. 932, title VII, § 706, 64
Stat. 817; July 31, 1951, ch. 275, title I, § 109(e), 65 Stat. 139.)
[See 50 U.S.C. App. 2160 (H. Eept. 2759). Infra.]

50 TJ.S.C. App. 2157. Liability fob compliance with invalid regu
lations ; discrimination against orders or contracts affected by
priorities or allocations

No person shall be held liable for damages or penalties for any act
or failure to act resulting directly or indirectly from compliance with
a rule, regulation, or order issued pursuant to this Act [sections 2061,
2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix], notwithstanding that any such rule, regulation, or order
shall thereafter be declared by judicial or other competent authority
to be invalid. No person shall discriminate against orders or contracts
to which priority is assigned or for which materials or facilities are
allocated under title I of this Act [sections 2071 to 2073 of this Ap-
pendix] or under any rule, regulation, or order issued thereunder, by
charging higher prices or by imposing different terms and conditions
for such orders or contracts than for other generally comparable
orders or contracts, or in any other manner. (Sept. 8, 1950, ch. 932, title
VII, §707, 64 Stat. 818; June 30, 1952, ch. 530, title I, §118, 66
Stat. 306.)

[See 50 U.S.C. App. 2160 (H. Kept. 2759). Infra.]

50 U.S.C. App. 2158. Voluntary agreements and programs ; exemp-
tions FROM ANTI-TRUST LAWS AND FEDERAL TRADE COMMISSION ACT ;
SURVEYS AND REPORTS TO CONGRESS; TERMINATION

(a) The President is authorized to consult with representatives of
industry, business, financing, agriculture, labor, and other interests,
with a view to encouraging the making by such persons with the ap-
proval by the President of voluntary agreements and programs to fur-
ther the objectives of this Act [sections 2061, 2062, 2071 to 2073, 2091
to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] .

(b) No act or omission to act pursuant to this Act [sections 2061,
2002, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix] which occurs while this Act [said sections] is in effect, if
requested by the President pursuant to a voluntary agreement or pro-
gram approved under subsection (a) [of this section] and found bv
the President to be in the public interest as contributing to the national
defense shall be construed to be within the prohibitions of the anti-

[Emphasis supplied.]

480

trust laws or the Federal Trade Commission Act [sections 41 to 46
and 47 to 58 of Title 15] of the United States.

(c) The authority granted in subsection (b) of this section shall be
delegated only (1) to officials who shall for the purpose of such dele-
gation be required to be appointed by the President by and with the
advice and consent of the Senate, unless otherwise required to be so
appointed, and (2) upon the condition that such officials consult with
the Attorney General and with the Chairman of the Federal Trade
Commission not less than ten days before making any request or find-
ing thereunder, and (3) upon the condition that such officials obtain
the approval of the Attorney General to any request thereunder before
making the request. For the purpose of carrying out the objectives of
title I of this Act [sections 2071 to 2073 of this title], the authority
granted in subsection (b) of this section shall not be delegated except
to a single official of the Government.

(d) Upon withdrawal of any request or finding made hereunder, or
upon withdrawal by the Attorney General of his approval of the vol-
untary agreement or program on which the request or finding is based,
the provisions of this section shall not apply to any subsequent act
or omission to act by reason of such finding or request.

(e) The Attorney General is directed to make, or request the Fed-
eral Trade Commission to make for him, surveys for the purpose of
determining any factors which may tend to eliminate competition, cre-
ate or strengthen monopolies, injure small business, or otherwise pro-
mote undue concentration of economic power in the course of the ad-
ministration of this Act [sections 2061. 2062, 2071 to 2073, 2091 to
2094, 2151 to 2163 and 2164 to 2168 of this Appendix]. Such surveys
shall include studies of the voluntary agreements and programs au-
thorized by this section. The Attornev General shall submit to the
Congress and the President at least once everv three months reports
setting forth the results of such studies of voluntary agreements and
programs authorized by this section. (Sept. 8, 1950. 'ch*932, title VII
R '08 64 Stat. 818: June 30, 1952, ch. 530, title I. § 116(c) 66 Stat'

30- ! tffcf'gt' t^A 6' 69 Stat' 581 ' So**- 26, 1961 Pub L 87-
Stat 376 ) 1969' Pub' L- 91"151' tltle § 9' 83

[See 50 U.S.C. App. 2160 (H. Kept. 2759). Infra.]

50 U.S.C. Apr. 2159. Exemption from Administrative Procedure
Act; statements in rules, regulations, and orders as to consul-
tation WITH INDUSTRY REPRESENTATIVES

™ Jhe 'ft"10''0118 exercised under this Act [sections 2061 0069 9071 t„
2073 2091 to 2094 2151 to 2163 and 2164Lto 216 ! o ^ t lis Ippendix]

AcU60 Stat »t T °^fT of the Administrative Procedure
Act (60 htat. 237) [sections 551 et seq. and 701 et seq. of Title 51 ex-

$V°A™ ? re1Tr,ementS of 3 hereof [section 1002 of Title

51 Any rule regulation, or order, or amendment thereto, issued under
authority of this Act sections 2061, 2062, 2071 to 2073 1 2091 to 90Q4
2151 to 2163 and 2164 to 2168 of this' Appendix] shall be apcompanfed

481

by a statement that in the formulation thereof there has been consul-
tation with industry representatives, including trade association rep-
resentatives, and that consideration has been given to their recommen-
dations, or that special circumstances have rendered such consulta-
tion impracticable or contrary to the interest of the national defense,
but no such rule, regulation, or order shall be invalid by reason of any
subsequent finding by judicial or other authority that such a state-
ment is inaccurate. (Sept. 8, 1950, ch. 932, title VII, §709, 64 Stat.
819.)

[See 50 U.S.C. App. 2160 (H. Eept. 2759) . Infra.]

50 U.S.C. App. 2160. Employment of personnel ; appointment poli-
cies; NUCLEUS EXECUTIVE RESERVE; USE OF CONFIDENTIAL INFORMA-
TION BY EMPLOYEES ; PRINTING AND DISTRIBUTION OF REPORTS

(a) Repealed. June 28, 1955, ch. 189, § 12(c) (1), 69 Stat. 180.

(b) (1) The President is further authorized, to the extent he deems
it necessary and appropriate in order to carry out the provisions of
this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163
and 2164 to 2168 of this Appendix] and subject to such regulations as
he may issue, to employ persons of outstanding experience and abil-
ity without compensation ;

(2) The President shall be guided in the exercise of the authority
provided in this subsection by the following policies :

(i) So far as possible, operations under the Act [said sections]
shall be carried on by full-time, salaried employees of the Gov-
ernment, and appointments under this authority shall be to ad-
visory or consultative positions only.

(ii) Appointments to positions other than advisory or consul-
tative may be made under this authority only when the require-
ments of the position are such that the incumbent must person-
ally possess outstanding experience and ability not obtainable
on a full-time, salaried basis.

(iii) In the appointment of personnel and in assignment of
their duties, the head of the department or agency involved
shall take steps to avoid, to as great an extent as possible, any con-
flict between the governmental duties and the private interests of
such personnel.

(3) Appointees under this subsection shall, when policy matters
are involved, be limited to advising appropriate full-time salaried
Government officials who are responsible for making policy decisions.

(4) Any person employed under this subsection is exempted, with
respect to such employment, from the operation of sections 281, 283,
284, 434, and 1914 of Title 18. and section 190 of the Revised Statutes
[now covered by section 207 of Title 18] , except that —

(i) exemption hereunder shall not extend to the negotiation or
execution, by such appointee, of Government contracts with the
private employer of such appointee or with any corporation, joint
stock company, association, firm, partnership or other entity in the
pecuniary profits or contracts of which the appointee has any
direct or indirect interest ;

[Emphasis supplied.]

482

(ii) exemption hereunder shall not extend to making any rec-
ommendation or taking any action with respect to individual ap-
plications to the Government for relief or assistance, on appeal or
otherwise, made by the private employer of the appointee or by
any corporation, joint stock company, association, firm, partner-
ship, or other entity in the pecuniary profits or contracts of which
the appointee has any direct or indirect interest;

(iii) exemption hereunder shall not extend to the prosecution by
the appointee, or participation by the appointee in any fashion in
the prosecution of any claims against the Government involving
any matter concerning which the appointee had any responsibility
during his employment under this subsection, during the period of
such employment and the further period of two years after the
termination of such employment ; and

(iv) exemption hereunder shall not extend to the receipt or
payment of salary in connection with the appointee's Govern-
ment service hereunder from any source other than the private
employer of the appointee at the time of his appointment here-
under.

(5) Appointments under this subsection shall be supported by writ-
ten certification by the head of the employing department or agency —

(i) that the appointment is necessary and appropriate in order
to carry out the provisions of the Act (sections 2061, 2062. 2071 to
2073. 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] ;

(ii) that the duties of the position to which the appointment is
being made require outstanding experience and ability ;

(iii) that the appointee has the outstanding experience and
ability required by the position ; and

(iv) that the department or agency head has been unable to ob-
tain a person with the qualifications necessary for the position on a
full-time, salaried basis.

(6) The heads of the departments or agencies making appointments
under this subsection shall file with the Division of the Federal Regis-
ter for publication in the Federal Register a statement including the
name of the appointee, the employing department or agency, the title
of his position, and the name of his private employer, and the ap-
pointee shall file with such Division for publication in the Federal
Register a statement listing the names of any corporations of which
he is an officer or director or within sixty days preceding his appoint-
ment has been an officer or director, or in which he owns, or within
sixty days preceding his appointment has owned, any stocks, bonds,
or other financial interests, and the names of any partnerships in which
he is, or was within sixty days preceding his appointment, a partner,
and the names of any other businesses in which he owns, or within such
sixty-day period has owned, any similar interest. At the end of each
succeeding six-month period, the appointee shall file with such Division
for publication in the Federal Register a statement showing any
changes in such interests during such period.

(7) At least once every three months the Chairman of the United
States Civil Service Commission shall survev appointments made
under this subsection and shall report his findings to the President

483

and the Joint Committee on Defense Production and make such rec-
ommendations as he may deem proper.

(S) Persons appointed under the authority of this subsection may be
allowed transportation and not to exceed $15 per diem in lieu of sub-
sistence while away from their homes or regular places of business
pursuant to such appointment.

(c) The President is authorized, to the extent lie deems it necessary
and appropriate in order to carry out the provisions of this Act
[sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164
to 2168 of this Appendix] to employ experts and consultants or or-
ganizations thereof as authorized by section 55a of Title 5. Individuals
so employed may be compensated at rates not in excess of $50 per diem
and while away from their homes or regular places of business they
may be allowed transportation and not to exceed $15 per diem in
1 ieu of subsistence and other expenses while so employed. The President
is authorized to provide by regulation for the exemption of such per-
sons from the operation of sections 281, 283, 284, 434, and 1914 of Title
18 and section 190 of the Revised Statutes [now covered by section
207 of Title 18].

(d) The President may utilize the services of Federal, State, and
local agencies and may utilize and establish such regional, local, or
other agencies, and utilize such voluntary and uncompensated services,
as may from time to time be needed ; and he is authorized to provide by
regulation for the exemption of persons whose services are utilized
under this subsection from the operation of sections 281, 283, 284, 434,
and 1914 of Title 18 and section 190 of the Revised Statutes [now
covered by section 207 of Title 18].

(e) The President is further authorized to provide for the establish-
ment and training of a nucleus executive reserve for employment in
executive positions in Government during periods of emergency. Mem-
bers of this executive reserve who are not full-time Government em-
ployees may be allowed transportation and not to exceed $15 per diem
in lieu of subsistence while away from their homes or regular places of
business for the purpose of participating in the executive reserve train-
ing program. The President is authorized to provide by' regulation for
the exemption of such persons who are not full-time Government em-
ployees from the operation of sections 281, 283, 284, 434, and 1914 of
Title 18 and section 190 of the Revised Statutes [now covered by sec-
tion 207 of Title 18].

(f) Whoever, being an officer or employee of the United States or
any department or agency thereof (including any Member of the
Senate or House of Representatives), receives, by virtue of his office
or employment, confidential information, and (1) uses such informa-
tion in speculating directly or indirectly on any commodity exchange,
or (2) discloses such information for the purpose of aiding any other
person so to speculate, shall be fined not more than $10,000 or im-
prisoned not more than one year, or both. As used in this section, the
term "speculate" shall not include a legitimate hedging transaction,,
or a purchase or sale which is accompanied by actual delivery of the
commodity.

[Emphasis supplied.]

484

(g) The President, when he deems such action necessary, may make
provision for the printing and distribution of reports, in such number
and in such manner as he deems appropriate, concerning the actions
taken to carry out the objectives of this Act [sections 2061, 2062, 2071
to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix].
(Sept, 8, 1950, ch. 932, title VII, § 710, 64 Stat. 819; July 31, 1951, ch.
275, title I, § 109(f), 65 Stat. 139; June 28, 1955, ch. 189, § 12(c) (1),
69 Stat. 180; Aug. 9, 1955, ch. 655, §§ 7, 8, 69 Stat. 583.)

— N O T E—

From H. Rf.it. 2759, 81st Conc... 2d Sess. (1950)

The President's message to the Congress of July 19, 1950.
reported on the situation in Korea and presentedhis views
concerning the significance of these events for this Nation and
for the world. In the words of the President the significance
of Korea is, "The free world has made it clear, through the
United Nations, that lawless aggression will be met with
force." He pointed out that the United States must increase
its military strength and preparedness not only to deal with
the aggression in Korea but also to increase our common de-
fense, with other free nations, against further aggression and
that the steps that must be taken will necessariy have reper-
cussions upon our economy. He urged prompt action to insure
that the increased national-defense needs will be met and that
our economic strength which is at the base of our security is
not impaired, but continues to grow.

The bill reported by your committee provides for dealing
with the situation in two principal ways. The first, by chan-
neling needed materials into production for the national de-
fense and the second, by providing authority through the ex-
ercising of credit controls to reduce consumer demand for
goods and materials needed for the national defense. At the
same time the bill also provides authority through a system of
loans and loan guarantees for increasing the production of
materials required to support an increased defense program
and also provides authority for the procurement of metals and
minerals for stockpiling and other defense purposes.

50 IT.S.C. Apr. 2161. Appropriation's authorized; availability op

FUNDS

There are authorized to be appropriated such sums as may be neces-
sarv and nnpronriate for the carrving out of the provisions and pur-
poses of this Act [sections 2061, 2062, 2<i71 to 2073. 2091 to 2094, 2151
to 2163 and 2164 to 2168 of this Appendix] bv the President and such
agencies as he may designate or create. Funds made available for the
purposes of this Act [said sections] may be allocated or transferred for
any of the purposes of this Act [said sections], with the approval of
the Bureau of the Budget, to any agency designated to assist in carry-

485

ing out this Act [said sections]. Funds so allocated or transferred
shall remain available for such period as may be specified in the Acts
making such funds available. (Sept. 8, 1950, ch. 932, title VII, § 711,.
64 Stat. 820.)

[See 50 U.S.C. App. 2160 (H. Eept. 2759). Supra.]

— N O T E —

In 1950, the Defense Production Act contained seven titles.
Today three titles remain.

The Act granted controls and authority that provided the
Executive branch vast and sweeping powers. Congress dele-
gated authority for day-to-day supervision of the economy,
as well as long-range economic planning. Titles of this Act
have been repealed which applied specifically to the Korean
war effort, namely those provisions which give the President
the authority to requisition and condemn property (II), to
stabilize prices and wages (IV), to settle labor disputes (V),
and to control consumer and real estate credit (VI).

The authority that remains in the Act includes the power
to establish priorities for defense contracts ; the power to al-
locate materials for defense purposes ; the authority to guar-
antee loans made in connection with defense contracts ; the au-
thority to make loans and purchases to build up defense capac-
ities, assure supplies of defense materials and to carry out'
existing contracts ; the authority to enable businessmen to co-
operate voluntarily in meeting defense needs, with exemp-
tions from antitrust laws ; the authority to employ and to pre-
scribe conditions of employment including compensation ; the
provision for establishment of a reserve of trained executives
to fill government positions in time of mobilization ; and pro-
vision for the establishment of particular cost-accounting
standards.

Authority for the remaining provisions of the Defense Pro-
duction Act expires on June 30, 1974.

50 TJ.S.C. App. 2162. Joint Committee on Defense Production

(a) There is established a joint congressional committee to be known
as the Joint Committee on Defense Production (hereinafter referred
to as the committee) , to be composed of ten members as follows :

(1) Five members who are members of the Committee on Bank-
ing and Currency of the Senate, three from the majority and two
from the minority party, to be appointed by the chairman of the
committee ; and

(2) Five members who are members of the Committee on Bank-
ing and Currency of the House of Representatives, three from the
majority and two from the minority party, to be appointed by the
chairman of the committee.

A vacancy in the membership of the committee shall be filled in the

486

same manner as the original selection. The committee shall elect a
chairman and a vice chairman from among its members, one of whom
shall be a member of the Senate and the other a member of the House
of Representatives.

(b) It shall be the function of the Committee to make a continuous
study of the programs and of the fairness to consumers of the prices
authorized by this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094,
2151 to 2163 and 2164 to 2168 of this Appendix] and to review the prog-
ress achieved in the execution and administration thereof. Upon re-
quest, the committee shall aid the standing committees of the Congress
having legislative jurisdiction over any part of the programs author-
ized by this Act [said sections] ; and it shall make a report to the Sen-
ate and the House of Representatives, from time to time, concerning
the results of its studies, together with such recommendations as it
may deem desirable. Any department, official, or agency administering
any of such programs shall, at the request of the committee, consult
with the committee, from time to time, with respect to their activities
under this Act [said sections].

(c) The committee, or any duly authorized subcommittee thereof,
is authorized to hold such hearings, to sit and act at such times and
places, to require by subpena (to be issued under the signature of the
chairman or vice chairman of the committee) or otherwise the attend-
ance of such witnesses and the production of such books, papers, and
documents, to administer such oaths, to take such testimony, to procure
such printing and binding, and to make such expenditures as it deems
advisable. The cost of stenographic services to report such hearings
shall not be in excess of 40 cents per hundred words. The provisions
of sections 102 to 104, inclusive, of the Revised Statutes [sections 192
to 194 of Title 2] shall apply in case of any failure of any witness to
comply with any subpena or to testify when summoned under au-
thority of this subsection.

(d) The committee is authorized to appoint and. without regard to
the Classification Act of 1949, as amended, fix the compensation of such
experts, consultants, technicians, and organizations thereof, and cleri-
cal and stenographic assistants as it deems necessary and advisable.

(e) The expenses of the committee under this section, which shall
not exceed $100,000 in any fiscal year, shall be paid from the contingent
fund of the House of Representatives upon vouchers signed by the
Chairman or Vice Chairman.

(f) The Secretary of Commerce shall make a special investigation
and study of the production, allocation, distribution, use of nickel,
of its resale as scrap, and of other aspects of the current situation with
respect to supply and marketing of nickel, with particular attention
to, among other things, the adequacy of the present system of nickel
allocation between defense and civilian users. The Secretary of Com-
merce shall consult with the Joint Committee on Defense Production
during the course of such investigation and study with respect to the
progress achieved and the results of the investigation and study, and
shall make an interim report on the results of the investigation and
study on or before August 15, 1956, and shall, on or before Decem-
ber 31, 1956, make a final report on the results of such investigation and
study, together with such recommendations as the Secretary of Com-

487

meree deems advisable. Such reports shall be made to the Senate
(or to the Secretary of the Senate if the Senate is not in session) and
to the House of Representatives (or to the Clerk of the House of
Representatives if the House is not in session). (Sept. 8, 1950, ch. 932,
title VII, §712, 64 Stat. 820; June 30, 1952, ch. 530, title I, §119;
66 Stat. 306; Aug. 9, 1955, ch. 655, § 9, 69 Stat. 583; June 29, 1956, ch.
474, §§ 3, 5, 70 Stat. 408; June 30, 1966, Pub. L. 89-482, § 2, 80 Stat.
335; July 1, 1968', Pub. L. 90-370, §2, 82 Stat. 279.)
[See 50 U.S.C. App. 2160 (H. Rept. 2759) . Supra.]

50 U.S.C. App. 2163. Territorial application of Act

The provisions of this Act [sections 2061, 2062, 2071 to 2073, 2091
to '2094, 2151 to 2163 and 2164 to 2168 of this Appendix] shall be
applicable to the United States, its Territories and possessions, and
the District of Columbia. (Sept. 8, 1950, ch. 932, title VII, §713, 64
Stat. 821.)

[See 50 U.S.C. App. 2160 (H. Rept. 2759) . Supra.]

50 U.S.C. App. 2166. Termination of Act

(a) Title I (except section 104), title III, and title VII (except
sections 714 and 719) of this Act [section 2071 to 2073, 2091 to 2094,
2151 to 2163, and 2164 to 2168 of this Appendix], and all authority
conferred thereunder, shall, terminate at the close of June 30, 197&.
Section 714 of this Act [section 2163a of this Appendix], and all au-
thority conferred thereunder, shall terminate at the close of July 31,
1953. Section 104, title II, and title VI of this Act [section 2074, 2081
and 2132 to 2137 of this Appendix] , and all authority conferred there-
under, shall terminate at the close of June 30, 1953. Title IV and V of
this Act [sections 2101 to 2112 and 2121 to 2123 of this Appendix],
and all authority conferred thereunder, shall terminate at the close
■of April 30, 1953.

(b) Noth withstanding the foregoing —

(1) The Congress by concurrent resolution or the president by
proclamation may terminate this Act [sections 2061, 2062, 2071
to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Ap-
pendix] prior to the termination otherwise provided therefor.

(2) The Congress may also provide by concurrent resolution
that any section of this Act [said sections] and all authority con-
ferred thereunder shall terminate prior to the termination other-
wise provided therefor.

(3) Any agency created under this Act [said sections] may be
continued in existence for purposes of liquidation for not to ex-
ceed six months after tne termination of the provision authoriz-
ing the creation of such agency.

(c) The termination of any section of this Act [sections 2061, 2062,
2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Ap-
pendix], or of any agency or corporation utilized under this Act [said

[Emphasis supplied.]

488

section], shall not affect the disbursement of funds under, or the carry-
ing out of, any contract, guarantee, commitment or other obligation
entered into pursuant to this Act [said sections] prior to the date ol
such termination, or the taking of any action necessary to preserve
or protect the interests of the United States in any amounts advanced
or paid out in carrying on operations under this Act [said sections J,
or the taking of any action (including the making of new guarantees)
deemed by a guaranteeing agency to be necessary to accomplish the
orderly liquidation, adjustment or settlement of any loans guaranteed
under this act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to
2163 and 2164 to 2168 of this Appendix], including actions deemed
necessary to avoid undue hardship to borrowers m reconverting to
normal civilian production ; and all of the authority granted to the
President, guaranteeing agencies, and fiscal agents, under section 301
of this Act [section 2091 of this Appendix] shall be applicable to ac-
tions taken pursuant to the authority contained in this subsection.

Notwithstanding any other provision of this Act [sections 2061,
2062, 2071, to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this
Appendix], the termination of title VI [sections 2132 to 2137 of this
Appendix] or any section thereof shall not be construed as affecting
any obligation, condition, liability, or restriction arising out of any
agreement heretofore entered into pursuant to, or under the authority
of, section 602 or section 605 of this Act [former section 2132 or 2135
of this Appendix], or any issuance thereunder, by any person or cor-
poration and the Federal Government or any agency thereof relating
to the provision of housing for defense workers or military personnel in
an area designated as a critical defense housing area pursuant to law.

(d) No action for the recovery of any cooperative payment made to
a cooperative association by a Market Administrator under an in-
valid provision of a milk marketing order issued by the Secretary of
Agriculture pursuant to the Agricultural Marketing Agreement Act
of 1937 shall be maintained unless such action is brought by producers
specifically named as party plaintiffs to recover their respective share
of such payments within ninety days after the date of enactment of the
Defense Production Act Amendments of 1952 [June 30, 1952] with re-
spect to any cause of action heretofore accrued and not otherwise
barred, or within ninety days after accrual with respect to future pay-
ments, and unless each claimant shall allege and prove (1) that he ob-
jected at the hearing to the provisions of the order under which such
payments were made and (2) that he either refused to accept pay-
ments computed with such deduction or accepted them under protest
to either the Secretary or the Administrator. The district courts of
the United States shall have exclusive original jurisdiction of all such
actions regardless of the amount involved. This subsection shall not
apply to funds held in escrow pursuant to court order. Notwithstand-
ing any other provision of this Act [sections 2061, 2062, 2071 to 2073,
2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], no ter-
mination date shall be applicable to this subsection. . . .

[Emphasis supplied.]

489

REFERENCES IN TEXT

The Agricultural Marketing Agreement Act of 1937, referred to
in subsec. (d), is classified to sections 601, 601 note, 602, 608a, 608b,
608c, 608d, 610, 612, 614, 624 and 671—674 of Title 7, Agriculture.

AMENDMENTS

*******

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment of this section by act Aug. 9, 1955, effective as of the
•close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a
note under section 2062 of this Appendix.

CROSS REFERENCES

Effect of termination of act on actions or prosecutions based on
rights or liabilities arising prior to termination, see section 2156(b)
of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2163, 2164,
2165, 2182, 2183 of this Appendix.

50 U.S.C. App. 2291. Sections 2291 to 2297 of this Appendix effec-
tive ONLY DTJItING CIVIL DEFENSE EMERGENCY; PROCLAMATION OF

emergency; termination

The provisions of this title [sections 2291 to 2297 of this Appendix]
shall be operative only during the existence of a state of civil defense
emergency (referred to hereinafter in this title [said sections] as
"emergency") . The existence of such emergency may be proclaimed by
the President or by concurrent resolution of the Congress if the Presi-
dent in such proclamation, or the Congress in such resolution, finds
that an attack upon the United States has occurred or is anticipated
and that the national safety therefor requires an invocation of the
provisions of this title [said sections]. Such emergency also shall exist
with respect to any designated geographic area or areas of the United
States when the President determines that any such attack has been
made upon or is anticipated within such area or areas, and directs the
Administrator to proceed pursuant to the provisions of this title [said
sections] with respect to such area or areas. Any such emergency shall
terminate upon the proclamation of the termination thereof by the
President, or the passage by the Congress of a concurrent resolution
terminating such emergency. (Jan. 12, 1951, ch. 1228, title III, § 301,
•64 Stat. 1251.)

[Emphasis supplied.]

490

— N O T E —

Excerpt From H. Reft. 3209, 81st Cong., 2d Sess. (1950>

In view of these considerations, it has been concluded that
the State-supervised plan for civil defense should seek to —

1. Organize critical target areas to meet emergency condi-
tions anticipated under an atomic-bomb attack. This type of
organization would include all existing elements of local civil
government and facilities, protective services not included in
peacetime civil organization, and mutual aid.

2. Organize mobile support in the support areas, which are
of equal importance to critical target areas.

In order to achieve a balanced organization of the various
services, the State civil-defense agency must supervise the
organization and development of all such units in support
areas.

Mobility of unit organization in the support areas will give
the communities in which they are formed an effective means
of self-protection in the event of direct enemy attack, and at
the same time will provide emergency protection on a State-
wide basis.

All communities should anticipate the possibility of some
form of attack, as well as the possibility of their being called
upon to receive evacuees from other areas.

In this air-atomic age, the United States can no longer be
free from the danger of a sudden devastating attack against
the homeland; and there being no absolute military defense,
an effective civil defense has now become vital to the future se-
curity of the United States. It affords the only means whereby
this country, if suddenly attacked heavily and without
warning, can rock with the blow and fight back, for whether
such an attack would succeed in destroying America's produc-
tive power would depend in the main on the organization and
functional efficiency of the country's civil defense. It is to com-
mence promptly the creation of an effective civil defense or-
ganization that the Armed Services Committee brings this
legislation before the House of Representative.

50 U.S.C. App. 2292. Utilization or Federal departments and

agencies

During the period of such emergency, under such terms and condi-
tions as to donation, compensation, or return as may be prescribed and
solely for civil defense purposes, the President may direct, after taking
into consideration the military requirements of the Department of
Defense, any Federal department or agency to provide, and such de-
partments and agencies are authorized to provide^

foil aU ofPt~tesraterialS' ^ '° Administ™'-

[Emphasis supplied.]

491

(b) emergency shelter by construction or otherwise; and

(c) on public or private lands, protective and other work essential
for the preservation of life and property, for clearing debris and
wreckage, and for making emergency repairs to, and temporary re-
placement of, communications, hospitals, utilities, transportation facil-
ities, or public facilities of States or their political subdivisions dam-
aged or destroyed by attack. (Jan. 12, 1951, ch. 1228, title III, § 302,
64 Stat. 1252.)

[See 50 U.S.C. App. 2291 (H. Rept. 3209). Supra.]

50 U.S.C. App. 2293. Emergency powers of Administrator

During the period of such emergency, the Administrator is author-
ized to — ■

(a) exercise the authority contained in section 201 (h) [section 2281
(h) of this Appendix] without regard to the limitation of any existing
law including the provisions of the Act of June 30, 1932, as amended
[section 278a of Title 40] , and section 3709 of the Revised Statutes, as
amended [section 5 of Title 41], and section 3734 of the Revised
Statutes, as amended [sections 259 and 269 of Title 40] , and the Fed-
eral Property and Administrative Services Act of 1949, as amended;

(b) soil, lease, lend, transfer, or deliver materials or perform serv-
ices for civil defense purposes on such terms and conditions as the
Administrator shall prescribe and without regard to the limitations
of exsting law : Provided. That any funds received from the sale or
other disposition of materials or for services shall be deposited to the
credit of appropriations currently available and made pursuant to this
Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]
and shall be available for expenditure for the purposes of such
appropriations ;

(c) coordinate and direct, for civil defense purposes, the relief ac-
tivities of the various departments and agencies of the United States
as provided in section 302 hereof [section 2292 of this Appendix] ;

(d) reimburse any State, including any political subdivisions
thereof, for the compensation paid to and the transportation, sub-
sistence, and maintenance expenses of any employees while engaged in
rendering civil defense aid outside the State and to pay fair and rea-
sonable compensation for the materials of the State government or
any political subdivision utilized or consumed outside of the. State,
including any transportation costs, in accordance with rules and regu-
lations prescribed by the Administrator. As used in this subsection,
the term "employees" shall include full- or part-time paid, volunteer,
auxiliary, and civil defense workers subject to the order or control of
a State government or any political subdivision thereof, and such
employees shall not be deemed by reason of such reimbursement to be
employees or appointees of the United States ;

(e) provide financial assistance for the temporary relief or aid of
any civilian injured or in want as the result of any attack ; and

(f ) employ temporarily additional personnel without regard to the
civil-service laws and to incur such obligations on behalf of the United

[Emphasis supplied.]

492

States as may be required to meet the civil defense requirements of an
attack or of an anticipated attack-. During the period of any such
emergency, the Administrator shall transmit quarterly to the Congress
a detailed report concerning all action taken pursuant to this section.
(Jan. 12, 1951, ch. 1228, title III, § 303, 64 Stat. 1252.)
[See 50 U.S.C. App. 2291 (H. Rept. 3209) . Supra.]

50 U.S.C. App. 2294. Government immune from liability for death

OR PERSONAL INJURY TO EMPLOYEES; BENEFITS EMPLOYEES ENTITLED TO

The Federal Government shall not be liable for any damage to
property or for any death or personal injury occurring directly or in-
directly as a result of the exercise or performance of, or failure to
exercise or perform, any function or duty, by any Federal agency or
employee of the Government, in carrying out the provisions of this
title [sections 2291 to 2297 of this Appendix] during the period of such
emergency. Nothing contained in this section shall affect the right of
any person to receive any benefit or compensation to which he might
otherwise be entitled under the Federal Employees' Compensation Act,
as amended [chapter 81 of Title 5], or any other Act of Congress pro-
viding for any pension or retirement. (Jan. 12, 1951, ch. 1228, title III,
§304, 64 Stat. 1253.)

[See 50 U.S.C. App. 2291 (H. Rept. 3209 ) . Supra.]

50 U.S.C. App. 2295. Waiver of Administrative Procedure Act

During the period of such emergency, the functions and duties ex-
ercised under this Act [sections 2251 to 2284, 2286 and 2291 to 2297
of this Appendix] shall be excluded from the operation of the Admin-
istrative Procedure Act [sections 551 et seq. and 701 et seq. of Title 5]
except as to the requirements of section 3 thereof [section 552 oi
Title 5]. (Jan. 12, 1951, ch. 1228, title III, § 305, 64 Stat. 1253.)

[See 50 U.S.C. App. 2291 (H. Rept. 3209) . Supra.]

50 U.S.C. App. 2297. Termination of sections 2291 to 2297 of this
Appendix

The provisions of this title [sections 2291-2297 of this Appendix]
shall terminate on June 30, 1974, or on such earlier date as may be
prescribed by concurrent resolution of the Congress. (Jan 12 1951
ch. 1228, title III, § 307, 64 Stat. 1254; June 3, 1954, ch. 253, 68 Stat
170; July 11, 1958, Pub. L. 85-514, 72 Stat. 356; June 27, 1962 Pub'
L. 87-501, 76 Stat. Ill; June 30, 1966, Pub. L. 89-483, 80 Stat 2<5V
June 30, 1970, Pub. L. 91-299, 84 Stat. 367. ) '

[See 50 U.S.C. App. 2291 (H. Rept. 3209) . Supra.]

[Emphasis supplied.}

493

50 U.S.C. Ait. 2401. CoxonnssioxAL findings
The Congress makes the following findings :

( 1 ) The availability of certain materials at home and abroad varies
so that the quantity and composition of United States exports and
their distribution among importing countries may affect the welfare
of the domestic economy and may have an important bearing upon
fulfillment of the foreign policy of the United States.

(2) The unrestricted export of materials, information, and tech-
nology without regard to whether they make a significant contribution
to the military potential of any other nation or nations may adversely
n ffeet the national security of the United States.

(3) The unwarranted restriction of exports from the United States
has a serious adverse effect on our balance of payments.

(4) The uncertainty of policy toward certain categories of exports
has curtailed the efforts of American business in those categories to
the detriment of the overall attempt to improve the trade balance of
the United States. (Pub. L. 91-184, § 2, Dec. 30, 1969, 83 Stat. 841.)

[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. Arp. 2402. Congressional ueclae ation of polioy

The Congress makes the following declarations :

(1) Tt is the policy of the Unitpd States both (A) to encourage
trade with all countries with which we have diplomatic or trading
relations, except those countries with which such trade has been deter-
mined by the President to be against the national interest, and (B)
to restrict the export of goods and technology which would make a
significant contribution to the military potential of any other nation
or nations which would prove detrimental to the national security of
the United States.

(2) It is the policy of the United States to use export controls (A)
to the extent necessary to protect the domestic economy from the
excessive drain of scarce materials and to reduce the serious inflation-
ary impact of abnormal foreign demand, (B) to the extent necessary
to further significantly the foreign policy of the United States and to
fulfill its international responsibilities, and (C) to the extent neces-
sary to exercise the necessary vigilance over exports from the stand-
point of their significance to the national security of the United States.

(3) It is the policy of the United States (A) to formulate, reformu-
late, and apply any necessary controls to the maximum extent possible
in cooperation with all nations with which the United States has de-
fense treaty commitments, and (B) to formulate a unified trade con-
trol policy to be observed by all such nations.

(4) It is the policy of the United States to use its economic resources
and trade potential to further the sound growth and stability of its
economy as well as to further its national security and foreign policy
objectives.

(5) It is the policy of the United States (A) to oppose restrictive
trade practices or boycotts fostered or imposed by foreign countries

[Emphasis supplied.]

24-509 O - 73 - 3S

494

against other countries friendly to the United States, and (B) to
encourage and request domestic concerns engaged in the export of
articles, materials, supplies, or information, to refuse to take any
action, including the furnishing of information or the signing of
agreements, which has the effect of furthering or supporting the re-
strictive trade practices or boycotts fostered or imposed by any foreign
country against another country friendly to the United States. (Pub.
L. 91-184, § 3, Dec. 30, 1969, 83 Stat. 841.)
[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. Apr. 2403. Authority to effectuate policy

(a) Secretary of Commerce.

(1) The Secretary of Commerce shall institute such organizational
and procedural changes in any office or division of the Department of
Commerce which has heretofore exercised functions relating to the
control of exports and continues to exercise such controls under this
Act [sections 2-tOl to 2413 of this Appendix] as he determines are
necessary to facilitate and effectuate the fullest implementation of the
policy set forth in this Act [sections 2401 to 2413 of this Appendix]
with a view to promoting trade with all nations with which the United
States is engaged in trade, including trade with (A) those countries
or groups of countries with which other countries or groups of coun-
tries having defense treaty commitments with the United States have
a significantly larger percentage of volume of trade than does the
United States, and (B) other countries eligible for trade with the
United States but not significantly engaged in trade with the United
btates. In addition, the Secretary shall review any list of articles,
materials or supplies, including technical data or other information;
the exportation of which from the United States, its territories and
possessions, was heretofore prohibited or curtailed with a view to
making prompt y such changes and revisions in such list as mav be
necessary or desirable in furtherance of the policy, purposes and pro-
visions of this Act [sections 2401 to 2413 of this Appendix] The £ec-

(b) Presidential determination ; rules and regulations

station fronfthe United S^^^^^^^
[Emphasis supplied.] '

495

any articles, materials, or supplies, including technical data or any
other information, except under such rules and regulations as he shall
prescribe. To the extent necessary to achieve effective enforcement of
this Act [sections 2401 to 2413 of this Appendix J , these rules and reg-
ulations may apply to the financing, transporting, and other servicing
of exports and the participation therein by any person. Rules and
regulations may provide for denial of any request or application
for authority to export articles, materials, or supplies, including
technical data, or any other information, from the United States,
its territories and possessions, to any nation or combination of na-
tions threatening the national security of the United States if the
President determines that their export would prove detrimental to
the national security of the United States, regardless of their avail-
ability from nations other than any nation or combination of nations
threatening the national security of the United States, but whenever
export licenses are required on the ground that considerations of na-
tional security override considerations of foreign availability, the rea-
sons for so doing shall be reported to the Congress in the quarterly
report following the decision to require such licenses on that ground to
the extent considerations of national security and foreign policy per-
mit. The rules and regulations shall implement the provisions of
section 3(5) of this Act [section 2402(5) of this Appendix] and shall
require that all domestic concerns receiving requests for the furnish-
ing of information or the signing of agreements ns specified in that
section must report this fact to the Secretary of Commerce for such
action as he may deem appropriate to carry out the purposes of that
section.

Nothing in this Act [sections 2401 to 2413 of this Appendix] or in
the rules and regulations authorized by it, shall in any way be con-
strued to require authority and permission to export articles, mate-
rials, supplies, data, or information except where the national security,
the foreign policy of the United States, or the need to protect the do-
mestic economy from the excessive drain of scarce materials makes
such requirement necessary.

(d) Delegation of Presidential authority and power.

The President may delegate the power, authority, and discretion
conferred upon him by this Act [sections 2401 to 2413 of this Appen-
dix] to such departments, agencies, or officials of the Government as
he may deem appropriate.

(e) Exclusion of agricultural commodities.

The authority conferred by this section shall not be exercised with
respect to any agricultural commodity, including fats and oils, during
any period for which the supply of such commodity is determined by
the Secretary of Agriculture to be in excess of the requirements of
the domestic economy, except to the extent required to effectuate the
policies set forth in clause (B) or (C) of paragraph (2) of section 3
of this Act [section 2402 of this Appendix]. (Pub. L. 91-184 8 4
Dec. 30, 1969, 83 Stat. 842.) ' s '

[See 50U.S.C. App. 2413. Infra.}

[Emphasis supplied.]

496

50 U.S.C. Ait. 2404. Consultations for determination of controls ;

STANDARDS OR CRITERIA ESTABLISHED

(a) In determining what shall be nontrolled hereunder, and in
determining the extent to which exports shall be limited, any depart-
ment, agency, or official making these determinations shall seek infor-
mation and advice from the several executive departments and inde-
pendent agencies concerned with aspects of our domestic and foreign
policies and operations having an important bearing on exports. Con-
sistent with considerations of national security, the President shall
from time to time seek information and advice from various segments
of private industry in connection with the making of these
determinations.

(b) Tn authorizing exports, full utilization of private competitive
trade channels shall be encouraged insofar as practicable, giving con-
sideration to the interests of small business, merchant exporters as
well as producers, and established and new exporters, and provision
shall be made for representative trade consultation to that end. In
addition, there may be applied such other standards or criteria as may
be deemed necessary by the head of such department, or agency, or
official to carrv out the policies of this Act [sections 2401 to 2413 of
this Appendix! (Pub. L. 91-184, ? 5, Dec. 30, 1969, 83 Stat. 843.)

[See 50 U.S.C. App. 2413. Infra.]

50 TJ.S.C. App. 2405. Violations and penalties
("a) Generally: subsequent offenses.

Except as provided in subsection (b) of this section, whoever know-
ingly violates any provision of this Act [sections 2401 to 2413 of this
Appendix] or any regulation, order, or license issued thereunder shall
De fined not more than $10,000 or imprisoned not more than one year,
or both. For a second or subsequent offense, the offender shall be fined
not more than three times the value of the exports involved or $20,000
whichever is greater, or imprisoned not more than five years, or both'

(b) Export to Communist-dominated nations ; penalties.
Whoever willfully exports anything contrary to anv provision of

this Act [sections 2401 to 2413 of this Appendix] or any regulation
order, or license issued thereunder, with knowledge that such exports
will be used for the benefit of any Communist-dominated nation, shall

«™ " u- Tre tl?an five tlmes the value of the exP<>rts involved or
$20 000, whichever is greater, or imprisoned not more than five years
•or both. J '

The head of any department or agency exercising any functions
under this Act [sections 2401 to 2413 of this Appendix], or any office?
% TP ^f !Uch de.Partment ?r agency specifically designated by
the head thereof may impose a civil penalty not to exceed $1,000 for
each violation of this Act [sections 2401 to 2413 of this Appendix!
or any regulation, order, or license issued under this Act [sections 2401

[Emphasis supplied.]

497

to 2413 of this Appendix], either in addition to or in lieu of any other
liability or penalty which may be imposed.

(d) Export licenses.

The payment of any penalty imposed pursuant to subsection (c)
may be made a condition for a period not exceeding one year after the
imposition of such penalty, to the granting, restoration, or continuing
validity of any export license, permission, or privilege granted or to
be granted to the person upon whom such penalty is imposed.

(e) Discretion to refund civil rjenalty.

Any amount paid in satisfaction of any penalty imposed pursuant
to subsection (c) shall be covered into the Treasury as a miscellaneous
receipt. The head of the department or agency concerned may, in his
discretion, refund any such penalty, within two years after payment,
on the ground of a material error of fact or law in the imposition. Not-
withstanding section 1346(a) of title 28 of the United States Code, no
action for the refund of any such penalty may be maintained in any
court.

( f ) Action for recovery of civil penalty.

In the event of the failure of any person to pay a penalty imposed
pursuant to subsection (c), a civil action for the recovery thereof may,
in the discretion of the head of the department or agency concerned,
be brought in the name of the United States. In any such action, the
court shall determine de novo all issues necessary to the establishment
of liability. Except as provided in the subsection and in subsection (d),
no such liability shall be asserted, claimed, or recovered upon by the
United States in any way unless it has previously been reduced to
judgment.

(g) Availability of other remedies.
Nothing in subsection (c), (d),or (f) limits —

(1) the availability of other administrative or judicial remedies
with respect to violations of this Act [sections 2401-2413 of this
Appendix], or any regulation, order, or license issued under this
Act [sections 2401 to 2413 of this Appendix] ;

(2) the authority to compromise and settle administrative pro-
ceedings brought with respect to violations of this Act [sections
2401 to 2413 of this Appendix], or any regulation, order, or license
issued under this Act [sections 2401 to 2413 of this Appendix] ; or

(3) the authority to compromise, remit, or mitigate seizures and
forfeitures pursuant to section 1(b) of title VI of the Act ol
June 15, 1917 (22 U.S.C. 401 (b) ) .

( Pub. L. 91-184, § 6, Dec. 30, 1969, 83 Stat. 844.)
[See 50 U.S.C. Apr. 2413. /n/m.]

50 U.S.C. App. 2406. Enforcement

(a) Compliance with requirements; subpena of witnesses and
records. .

To the extent necessary or appropriate to the enforcement of this
Act [sections 2401 to 2413 of this Appendix] or to the imposition of
any penalty, forfeiture, or liability arising under the Export Control
Act of 1949 [sections 2021 to 2032 of this Appendix], the head of any

498

department or agency exercising any function theruender (and officers
or employees of such department or agency specifically designated by
the head thereof) may make such investigations and obtain such in-
formation from, require such reports or the keeping of such records by,
make such inspection of the books, records, and other writings, prem-
ises, or property of, and take the sworn testimony of, any person. In
addition, such officers or employees may administer oaths or affirma-
tions, and may by subpena require any person to appear and testify or
to appear and produce books, records, and other writings, or both,
and in the case of contumacy by, or refusal to obey a subpena issued
to. any such person, the district court of the United States for any
district in which such person is found or resides or transacts business,
upon application, and after notice to any such person and hearing,
shall have jurisdiction to issue an order requiring such person to ap-
pear and give testimony or to appear and produce books, records, and
other writings, or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.

(b) Self-incrimination; exception.

No person shall be excused from complying with any requirements
under this section because of his privilege against self-incrimination,
but the immunity provisions of the Compulsory Testimony Act of
February 11, 1893 (27 Stat. 443 ; 49 TJ.S.C. 46) shall apply with re-
spect to any individual who specifically claims such privilege.

No department, agency, or official exercising any functions under
this Act [sections 2401 to 2413 of this Appendix] shall publish or dis-
close information obtained hereunder which is deemed confidential or
with reference to which a request for confidential treatment is made by
the person furnishing such information, unless the head of such de-
partment or agency determines that the withholding thereof is con-
trary to the national interest,

(d) Simplification of reporting requirements.

In the administration of this Act [sections 2401 to 2413 of this Ap-
pendix] , reporting requirements shall be so designed as to reduce the
cost of reporting, recordkeeping, and export documentation required
under this Act [sections 2401 to 2413 of this Appendix] to the extent
feasible consistent with effective enforcement and compilation of use-
ful trade statistics. Reporting, recordkeeping, and export documenta-
tion requirements shall be periodically reviewed and revised in the
light of developments in the field of information technology. A de-
tailed statement with respect to any action taken in compliance with
this subsection shall be included in the first quarterly report made
pursuant to section 10 [section 2409 of this Appendix] after such
action is taken (Pub. L. 91-184, § 7, Dec. 30, 1969, 83 Stat. 845.)

[See 50 U.S.C. App. 2413. Infra.]

50 IT.S.C. Arp. 2407. Exemption from administrative procedure and

JUDICIAL REVIEW PROVISIONS

The functions exercised under this Act [sections 2401 to 2413 of this
Appendix] are excluded from the operation of sections 551, 553 to 559,
[ Emphasis supplied. ]

499

and 701 to 706, of title 5 United States Code (Pub. L. 91-184, § 8,
Dec. 30, 1969, 83 Stat. 846.)

[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. App. 2408. Information to exporters

In order to enable United States exporters to coordinate their busi-
ness activities with the export control policies of the United States
Government, the agencies, departments, and officials responsible for
implementing the rules and regulations authorized under this Act
[sections 2401 to 2413 of this Appendix] shall, if requested, and insofar
as it is consistent with the national security, the foreign policy of the
United States, the effective administration of this Act [sections 2401
to 2413 of this Appendix], and requirements of confidentiality con-
tained in this Act [sections 2401 to 2413 of this Appendix] —

(1) inform each exporter of the considerations which may cause
his export license request to be denied or to be the subject of
lengthy examination ;

(2) in the event of undue delay, inform each exporter of the
circumstances arising during the Government's consideration of
his export license application which are cause for denial or for
further examination ;

(3) give each exporter the opportunity to present evidence and
information which he believes will help the agencies, depart-
ments, and officials concerned to resolve any problems or questions
which are, or may be, connected with his request for a license;
and

(4) inform each exporter of the reasons for a denial of an export
license request.

(Pub. L. 91-184, § 9, Dec. 30, 1969, 83 Stat. 846.)
[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. App. 2409. Quarterly reports

The head of any department or agency, or other official exercising
any functions under this Act [sections 2401 to 2413 of this Appendix],
shall make a quarterly report, within 1^5 days after each quarter, to the
President and to the Congress of his operations hereunder. (Pub. L.
91-184, § 10. Dee. 30, 1969, 83 Stat. 846.)

[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. App. 2410. Definitions

The term "person" as used in this Act [sections 2401 to 2413 of this
Appendix] includes the singular and the plural and any individual,
partnership, corporation, or other form of association, including any

[Emphasis supplied.]

500

government or agency thereof. (Pub. L. 91-184, § 11, Dec. 30, 1969,
83 Stat. 846.)
[See 50 U.S.C. App. 2413. Infra."]

50 U.S.C. App. 2411. Effects on other Acts

(a) The Act of February 15, 1936 (49 Stat. 1140) [sections 86 to
88 of Title 50], relating to the licensing of exports of tinplate scrap,
is hereby superseded ; but nothing contained in this Act [sections
2401 to 2413 of this Appendix] shall be construed to modify, repeal,
supersede, or otherwise affect the provisions of any other laws author-
izing control over exports of any commodity.

(b) The authority granted to the President under this Act [sections
2401 to 2413 of this Appendix] shall be exercised in such manner as
to achieve effective coordination with the authority exercised under
section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934),
(Pub. L. 91-184, § 12, Dec. 30, 1969, 83 Stat. 846.)

[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. App. 2412. Effective date

(a) This Act [sections 2401 to 2413 of this Appendix] takes effect
upon the expiration of the Export Control Act of 1949 [sections 2021
to 2032 of this Appendix].

(b) All outstanding delegations, rules, regulations, orders, licenses,
or other forms of administrative action under the Export Control Act
of 1949 [sections 2021 to 2032 of this Appendix] or section 6 of the
Act of July 2, 1940 (54 Stat. 714) [section 701 of this Appendix],
shall, until amended or revoked, remain in full force and effect, tie
same as if promulgated under this Act [sections 2401 to 2413 of this
Appendixl, (Vnb. L. 91-184, % 13, Dec. 30, 1969, 83 Stat. 847.)

[See 50 U.S.C. App. 2413. Infra.]

50 U.S.C. App. 2413. Termination date

The authority granted by this Act [sections 2401 to 2413 of this
Appendix] terminates on. June SO, 1974, or upon any prior date which
the Congress by concurrent resolution or the President by proclama-
tion may designate.

i> 'uf1' b U"1?4' 8 It' De£emb«>r 30. 1969, 83 Stat. 847.) (As amended

mi, 8^5 £MT 30' 1971' 85 Stat 89; L- ^ °CtobCT 30>

[Emphasis supplied.]

PUBLIC LAWS

68th Congress

P.L. 438^3 Stat. 959-60

CHAP. 282. — An Act To authorize the Secretary of War to grant a perpetual
easement for railroad right of way over and upon a portion of the military
reservation on Anastasia Island, in the State of Florida.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That the Secretary
of War be, and he is hereby, authorized and directed to grant and
convey to the Saint Johns Electric Company, an electric power and
railroad corporation, organized and existing under and by virtue of
the laws of the State of Florida, its successors and assigns, a perpet-
ual easement, subject to the proviso in section 2 herein, for electric
railroad purposes over and upon the following-described property,
being a part of the military reservation on Anastasia Island, in the
State of Florida, to wit :

Beginning at a point in old right of way of the Saint Johns Elec-
tric Company in the northeast quarter of the northeast quarter of
section 28, township 7 south, range 30 east, said point of beginning
being one hundred and twenty-five feet from the north line and
five hundred and seventy-two feet from the west line of the north-
east quarter of the northeast quarter of section 28, township 7 south,
range 30 east, running thence generally in a southerly direction to a
point in the half-section line of section 27, township 7 south, range
30 east, said point being one hundred and eighty-one feet east of the
section line between sections 27 and 28, township 7 south, range 30
east; thence in a southeasterly direction to a point in the south line
of lot 10 of section 27, township 7 south, range 30 east, said point
being three hundred and twenty-six feet east of the southwest corner
of said lot 10; said perpetual easement to be one hundred feet on
each side of the center of the track of railroad company and six
thousand one hundred and thirty-eight feet in length; with full
power to locate and construct railroad tracks, sidings, switches, sta-
tions, and other appurtenances thereon and to use said property for
any and all purposes appurtenant to its business : Provided, That no
part of the property hereby granted shall be used for any other than
railroad purposes, and that when the property above described shall
cease to be so used it shall revert to the United States of America.

(501)

502

Sec 2 The said conveyance shall be subject to the conditions and
reversion Lreinbefore provided for, and shall be used for the pur-
poses hereinbefore described only, and shall be subject to the nght
of the United States in case of an emergency to assume control of ,
hold, use, and occupy, temporarily or otherwise, without 1 icense, con-
sent or leave from said corporation, any or all of said land for any
and all military, naval, or lighthouse purposes, free from any con-
veyance, charge's, encumbrances, or liens made, created permitted, or
sanctioned thlreon by said corporation: Provided, That the United
States shall not be or become liable for any damages or compensa-
tion whatever to the said corporation for any future use by the trov-
ernment of any or all of the above-described land for any of the
above-mentioned purposes: Provided further, That this grant shall
not become effective until there shall have been reconveyed to the
United States free from all incumbrances the title to that portion ot
the right-of-way of the St. John's Electric Company across this res-
ervation which will be superseded by the new right-of-way.

Approved, February 21, 1925.

P.L. 479^3 Stat. 984-5

CHAP. 340.— An Act To permit the Secretary of War to dispose of and the
Port of New York Authority to acquire the Hoboken Manufacturers' Railroad.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That the Secretary
of War be, and he is hereby, authorized, for such sum and on such
terms and conditions as he may deem best, to sell to and dispose of,
and the Port of New York Authority is authorized to acquire from
the Secretary of War, the stock of the Hoboken Manufacturers'
Railroad Company, said corporation being the lessee of the line
known as the Hoboken Shore Road now constituting part of Belt
Line Numbered 13 in the comprehensive plan for the development of
the port of New York, adopted by the States of New York and New
Jersey under chapter 43, Laws of New York, 1922, and chapter 9,
Laws of New Jersey, 1922, and ratified and confirmed by the Con-
gress of the United States by Public Resolution 66, Sixty-seventh
Congress; and the Secretary is authorized and empowered to take
and accept in lieu of cash the bonds of the said Port of New York
Authority, secured by such lien as the Secretary in his discretion
may determine is proper and sufficient; and upon such acquisition
the said railroad shall continue to be operated in intrastate, inter-
state, and foreign commerce and in accordance with the provisions
of the said comprehensive plan for the development of the port and
the improvement of commerce and navigation: Provided, That the
operation of said railroad in intrastate, interstate, and foreign com-
merce shall be subject to the jurisdiction of the Interstate Commerce
Commission in the same manner and to the same extent as would be
the case if this Act had not been passed : Provided further, That the

[Emphasis supplied.]

503

Secretary shall attach such conditions to such transfer as shall
insure the use of such railroad facility by the United States in the
event of war or other national emergency: Provided further, That
in order to facilitate the interchange of freight between rail and
water facilities, such railroad, if acquired by the Port of New York
Authority hereunder shall be operated in coordination with the piers
and docks adjacent thereto so long as said piers and docks are
owned and operated by the United States Government or by any
agency thereof, or by any corporation a majority of whose stock is
owned by the United States: Provided further, That if the Port
of New York Authority fails to agree upon terms and conditions
of sale which are considered satisfactory by the Secretary of War,
he is hereby authorized to sell and dispose of the stock of the Hoboken
Manufacturers' Railroad Company or all or any part of the real
and personal property of the Hoboken Manufacturers' Rail-
road Company to any purchaser or purchasers upon such terms and
conditions as he may deem best subject, nevertheless, to the provisos
herein above stated : Provided further, That if the Secretary of War
shall deem it to be in the public interest that any real or personal
property owned by the said Hoboken Manufacturers' Railroad Com-
pany not connected with the railroad itself should be separately dis-
posed of or held for later disposition, he is hereby authorized to
cause such property to be transferred from the said Hoboken Manu-
facturers' Railroad Company to the United States, and thereafter to
sell the same upon such terms as he deems best, or if more expedient,
he is hereby authorized to form a corporation to acquire such prop-
erty, and is authorized to cause such property, or any part thereof,
to be transferred from the said Hoboken Manufacturers' Railroad
Company to such new corporations so organized and to accept in
place thereof the stock of such new corporation, and to hold the
same until such time as he secures what he shall deem to be a fair
and reasonable price for such property, at which time he is author-
ized to sell said property in whole or in part or the stock in the said
new corporation to which such property is transferred on such terms
and conditions as in his judgment will best promote the public inter-
est, and the Secretary of War is further authorized to make and
impose any terms, conditions, or reservations necessary to effectuate
the purpose hereof, and to enter into such contracts as will effectuate
the same: And provided further, That nothing in this Act shall be
construed as relieving or exempting the property acquired hereunder
by the Port of New York Authority from any municipal taxes or
assessments for public improvements and nothing herein contained
shall be construed as an expression on the part of the Congress as to
whether the States of New York and New Jersey, or either of them,
should relieve or exempt the said Port of New York Authority from
taxation or subject the said port of New York or any of said prop-
erty to taxation.

Approved February 26, 1925.

[Emphasis supplied.]

504

P.L. 568—43 Stat. 1129

CHAP. 450. — An Act Authorizing the Secretary of War to convey certain
portions of the military reservation of the Presidio of San Francisco to the
city and county of San Francisco for educational, art, exposition, and park
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of War be, and he is hereby, authorized to convey to the city and
county of San Francisco, subject to the conditions hereinafter speci-
fied, for educational, art, exposition, and park purposes, that portion
of the military reservation of the Presidio of San Francisco in the
city and county of San Francisco, State of California, on which the
Palace of Fine Aits is located, included within metes and bounds as
follows :

Commencing at a point on the westerly line of Lyon Street, dis-
tant thereon five and seventeen one-hundredths feet southerly from
the northerly line of Bay Street, if extended and produced westerly,
and running thence northerly along the westerly line of Lyon Street
one thousand one hundred and ninety-six and eighty one-hundredths
feet ; thence southwesterly on a curve to the left of six hundred and
twelve feet radius, central angle one hundred and fifty-five degrees
forty-seven minutes and fifty seconds, tangent to a line deflected one
hundred and two degrees six minutes and five seconds to the left
from the preceding course a distance of one thousand six hundred
and sixty-four and thirteen one-hundredths feet to the westerly line
of Lyon Street and the point of commencement, containing nine and
runety-three one-hundredths acres, more or less : Provided, hmaerer.
in the event of war or any other great national emergency, the
exclusive possession of said land and all improvements thereon,
without the payment of any compensation therefor, and to hold,
occupy, and use the same during the continuance of such war or
emergency.

Said grant shall become effective only in the event that the city
and county of San Francisco shall grant to the United States the
right to maintain and operate over its public streets a spur track
railroad extending from Fort Mason Military Reservation in the
city and county of San Francisco to said Presidio Reservation, over
such route or routes as may be determined by resolution or ordi-
nance of the board of supervisors of said city and county and
approved by the Secretary of War. If, before the 1st day of July,
19-27, the city and county of San Francisco shall fail to grant by
valid ordinance to the United States the right to maintain and oper-
ate said spur track, this grant shall become null and void, and title
to said premises shall revert to the United States: Provided, how-
ever , That in any event until the 1st dav of July, 1927, said city and
i *a" FranciSCo, may use. occupy, and retain possession of
said Palace of Fine Arts and the ground upon which it is located.

Approved March :i, 1925.

[Emphasis supplied.]

505

69th Congress

P.L. 99— 14 Stat. 241

CHAP. 116.— An Act To authorize the use by the city of Tucson, Arizona, of
certain public lands for a municipal aviation field, and for other purposes.

Be it enacted by the Senate and Bouse of Representatives of the
United States of America in. Congress assembled, That the Secretary
of the Interior be, and he hereby is, authorized to lease to the city of
Tucson, Arizona, for the establishment and maintenance of a munic-
ipal aviation field, sections 26 and 27 in township' 14 south of range
14 east, G. and S. R. B. and M, Pima County, Arizona, containing
one thousand two hundred and eighty acres, more or less.

Sec. 2. That said lease shall be for a period of twenty years, and
be subject to renewal for a like period, on condition that the city
pay to the United States a rental of $1 per year for the use of the
said land: Provided, That Government departments and agencies
operating aircraft shall always have free and unrestricted use of
said field and the right to erect and install upon said land such
structures and improvements as the heads of such departments and
agencies may deem advisable, including facilities for maintaining
supplies of fuel, oil, and other materials for operating aircraft, and
that in case of emergency, or in event it shall be deemed advisable,
the Government of the United States may assume absolute control of
the management and operation of said field for military purposes.

Approved April 12, 1926.

P.L. 314-^4 Stat. 677

CHAP. 424. — An Act To authorize the exchange of certain public lands and
the establishment of an aviation field near Yuma, Arizona.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That in order that
the entire southeast quarter of section 9, township 9, south of range
23, west of the Gila and Salt River meridian, Arizona, may be
reserved for a public aviation field, the Secretary of the Interior is
hereby authorized to issue unrestricted patent for any public land in
said section 9 in exchange for the east half of the southeast quarter
and the northwest quarter of the southeast quarter of said section 9.

Sec. 2. That upon the exchange being completed, the entire south-
east quarter of said section 9 shall be reserved as a public field for
the landing and taking off of aircraft of all descriptions : Provided,
That the board of supervisors of Yuma County, Arizona, shall by
resolution agree to assume the expense of clearing and maintaining
the field, and that the following conditions are agreed to :

That operators of Government-owned aircraft shall always have
free and unrestricted use of said field; that rules and regulations

[Emphasis supplied ]

506

governing the operation of aircraft upon said field shall include and
coincide with rules and regulations prescribed and promulgated by
the War Department; that Government departments and agencies
operating aircraft shall have the right to erect and install upon said
land such structures and improvements as the heads of such depart-
ments and agencies may deem advisable, including facilities for
maintaining supplies of fuel, oil, and other materials for operating
aircraft; that in case of emergency, or in the event that it shall be
deemed advisable by the Secretary of War, the War Department
may assume absolute control of the management and operation of
said field.

Approved May 39, 1926.

71st Congress

P.L. 222-46 Stat. 329-32

CHAP. 278 — An Act To authorize the Secretary of the Navy to proceed with
the construction of certain public works, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy is hereby authorized to proceed with the construction of
the following-named public-works projects at a cost not to exceed
the amount stated after each item enumerated :

*******

Sec. 10. That the Secretary of the Navy be, and he hereby is,
authorized to lease for periods not exceeding ten years, and revoca-
ble on six months' notice, or at his discretion in case of national
emergency declared by the President, the floating dry dock and
water-front accessories at the naval station, New Orleans (Algiers),
Louisiana, to the highest bidder at a rental that will not permit
operation of the dock on other than a fair competitive basis with
other local ship building and ship-repair plants operating dry docks,
and the money received from the said rental shall be covered into
the Treasury as miscellaneous receipts. Such leases shall be reported
to Congress: Provided, That said floating dry dock and accessories
shall not be removed from the vicinity of New Orleans.

Sec. 11. That the Secretary of the Naw is hereby authorized to
execute on behalf of the United States all instruments necessary to
accomplish the aforesaid purposes.

Approved May 14, 1930.

P.L. 280—16 Stat. 479

CHAP. 350— An Act To Authorize the Secretary of the Navy to lease the
United States naval destroyer and submarine base, Squantum, Massachusetts.

Be it enacted by tlie Senate and Bouse of Representatives of the
United States of America in Congress assembled, That the Secretary

[Emphasis supplied.]

507

of the Navy be, and he is hereby, authorized to lease all or any part
of the United States naval destroyer and submarine base, Squantum,
Massachusetts, for periods not exceeding twenty-five years, on such
terms and conditions as he may deem most advantageous to the Gov-
ernment when in his judgment such property may not be needed for
naval uses and the leasing of it may serve the public interests. Any
such lease shall be granted only after competitive bidding and shall
be revocable at the discretion of the Secretary of the Navy in case of
national emergency declared by the President, and the lessee shall
not be entitled to any damages that may result from such revocation.
Approved May 29, 1930.

72d Congress

P.L. 382^7 Stat. 1367-8

Authorizing the Secretary of War to convey certain properties to the county of
Arlington, State of Virginia, in order to connect Lee Boulevard with the
Arlington Memorial Bridge, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That in order to
provide a connection between the Lee Boulevard and the Arlington
Memorial Bridge, the Secretary of War is hereby authorized to
convey to the county of Arlington, State of Virginia, for highway
purposes only, all the right, title, and interest of the United States
in and to a strip of land through the southerly portion of the Fort
Myer Military Eeservation necessary for the construction of a
connection from the Lee Boulevard to the Arlington Memorial
Bridge, consisting of a right of way not more than one hundred feet
in width, said deed of conveyance to contain a restriction against the
construction of buildings, fences, or other structures within one
hundred and ten feet of the center line of said right of way.

Sec. 2. The Secretary of War is hereby further authorized to
convey to the said county of Arlington for highway purposes only
all the right, title, and interest of the United States in and to a strip of
land for a continuous right of way approximately sixty feet in
width within and adjacent to the southerly boundary of the Arling-
ton Reservation from the intersection of said reservation line with
the northerely line of the right of way to be conveyed under section
1 to the east line of McKinley Street.

Sec. 3. The lands to be so conveyed are approximately as shown
on plat numbered 104.2-166 in the files of the National Capital
Park and Planning Commission.

Sec. 4. The deeds of conveyance shall contain a reservation reserv-
ing to the United States the right to resume possession and occupy
said tracts of land, or any portion thereof, whenever in the judg-
ment of the President an emergency exists that requires the use and
appropriation of the same for the public defense, and also a further
reservation that the title hereby conveyed shall revert to the United

[Emphasis supplied.]

508

States and all rights hereby granted shall cease and be forfeited,
unless the said county of Arlington shall construct the said highway
and assume the obligations herein provided within three years from
the date of the enactment of this Act.

Sec. 5. Upon the consummation of the conveyance herein author-
ized to the county of Arlington, State of Virginia, the jurisdiction
of the United States over said lands, subject to the conditions and
reservations in said deed provided, shall immediately cease and
determine and revert in the State of Virginia.

Sec. 6. That if at any time the lands herein authorized to be con-
veyed to the said county of Arlington, State of Virginia, shall cease
to be used for the purposes herein specified, the title in and jurisdic-
tion over the same shall revert to the Government of the United
States.

Approved February 28, Vxy.'j.

74th C'oxobess

P.L. 598 — 19 Stat. 12TS

Making appropriations for the military and nonmilitary activities of the War
Department for the fiscal year ending June 30, 1937, and for other purposes.
Be it enartecl by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not othe£
wise appropriated, for the military and nonmilitary activities of the
War Department for the fiscal year ending June 30, 1937, and for
other purposes, namely :

******,•
That the Secretary of War is hereby authorized and diiected to
convey to the city of Little Rock Arkansas, a municipal corporation
of the State of Arkansas, the land described in section -2 hereof sub
ject to the following conditions : '

(1) Said property shall be at all times utilized onlv bv the munie
lpahty for public purposes, except what is known as" biiildine num
bered 19 thereon covered by existing lease and any buildine erected
with the consent of the city of Little Rock, Arkansas, on the site of
hangar numbered 1.

(£) In time of national emergency, upon request of the Secretary
of \\ ar. the municipality shall turn over complete control and oDer
ation of the entire Little Rock Municipal Airport and the pronertv
thereon, without rental or other charge, to the United States of
America, for such use and for such length of time as the emergency
shall require, in the discretion of the Secretary of War '"S""-*

(3) That the said municipality shall at all timac fi,-'r,;=.i,
of the said Little Rock Murucip^al Airr^rt'to™! A^Ld Na"yy
[Emphasis supplied.]

509

aircraft, together with such hangar and necessary service facilities
as are available at said airport.

(4) That the said municipality shall furnish free use of the air-
port field and the squadron hangar now located thereon to the One
Hundred and Fifty-fourth Observation Squadron, Arkansas
National Guard, or its successor as designated by the War Depart-
ment, and that the said squadron during periods of intensive train-
ing under direction of the War Department, shall have right-of-way
or priority in the use of the said field, and that the municipality
shall continue to extend to the quadron the same free services of
said field as are now extended to the squadron, including free use of
the lighting system for night flights.

(5) The municipality shall annually expend in new and addi-
tional improvements to the airport an amount equal to the amount
now paid the United States of America as rental.

* * * * * * *

P.L. 624—49 Stat. 1387

Authorizing the Secretary of Commerce to convey the Charleston Army Base
Terminal to the city of Charleston, South Carolina.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of Commerce is authorized and directed to convey by quitclaim deed
to the city of Charleston, South Carolina, that portion of the
Charleston Quartermaster Intermediate Depot, including improve-
ments thereon, which was transferred to the United States Shipping
Board by Executive Order Numbered 3920 dated November 3, 1923,
with the exception of such portion of said land as has been retrans-
ferred to the War Department by Executive order, or is now under
consideration for retransfer, and also subject to all the rights and
privileges now enjoyed by the War Department as specifically set
forth in said Executive Order Numbered 3920, or as may hereafter
be agreed upon by Secretary of War and the city of Charleston:
Provided, however, That the charges for water and electric current
furnished the War Department shall not exceed rates prevailing in
the city of Charleston and vicinity for such services.

Sec. 2. The deed executed by the Secretary of Commerce shall
include a provision prohibiting the city of Charleston from transfer-
ring the title to said property to any person, firm, or corporation
and shall contain the express condition that in the event of a
national emergency the property so conveyed, with all improvements
placed thereon, man be taken upon order of the President by the
United States for the use of the War Department during the period
of such emergency.

Approved May 27, 1936.

[Emphasis supplied.]

24-509 O - 73 - 34

510

P.L. 704-^9 Stat. 1535-6

To authorize the transfer of land from the War Department to the Territory
of Hawaii.

Be it enacted ly the Senate and House of Representatives of the
United States of America in Congress assembled, That the {secretary
of War is hereby authorized to transfer to the Territory of Hawaii
all right, title, and interest of the United States in such portion of
the land at the base of the east breakwater at Kahului, county of
Maui, Territory of Hawaii, as is not required for the maintenance of
said breakwater, on such terms and conditions as the Secretary of
War may determine: Provided, That the conveyance shall be upon
the express condition and with a reservation reserving the right to
resume and occupy said tract of land whenever in the judgment of
the President an emergency exists that requires the use and appro-
priation of the same for public defense, and also with the further
reservation as to that portion of said tract of land other than known
as pier numbered 1 and the land immediately adjacent thereto that
it shall be used for park purposes, and that in case it is not so used
it shall revert to the United States.

Approved June 19, 1936.

P.L. 730-^9 Stat. 1557-8

To provide for the sale of the Port Newark Army Base to the city of Newark,
New Jersey, and for other purposes.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the secretary
of War be, and he is hereby, authorized to sell to the city of
Newark, New Jersey, on terms and conditions deemed advisable by
him, the right, title, and interest of the United States in the Port
Newark Army Base, New Jersey, including such equipment pertain-
ing thereto as he determines is not required for military purposes,
for the sum of $2,000,000, of which $100,000 shall be paid in cash
and the balance in amiual installments, on or before August 1 of
each succeeding year, of $100,000 per year for the first five years
and $200,000 per year thereafter, with permission to the city of
Newark to anticipate payment of the • deferred installments at
any time: Provided, That said initial payment of $100,000 of the
purchase price shall be made by the city of Newark to the Secretary
of War not later than August 1, 1936, and possession delivered by
the United States as of September 1, 1936, or as soon thereafter as
practicable : Provided further, That title to the property shall pass
to the city of Newark and a quitclaim deed delivered by the Secre-
tary of War after receipt by him of the final payment: And pro-
vided further. That such conveyance shall be made upon the condi-
tion that the United States, in the event of war or of any national
emergency declared by Congress to exist, shall have the right to take
over said property and shall pay to the city of Newark as liquidated

[Emphasis supplied.]

511

damages a sum equal to 3 per centum per annum on the amount
theretofore paid on the purchase price of the said property by the
said city during each year or part thereof that the said property is
occupied under such taking by the United States, the said property
to be returned to the city of Newark upon the expiration of such war
or national emergency.

Sec. 2. In the event the city of Newark shall not elect to acquire
said property as provided in section 1 of this Act, then the Secre-
tary of War is authorized to offer said property at public sale to the
highest responsible bidder on terms and conditions to be prescribed
by him, which terms and conditions shall not be less favorable to the
United States than those prescribed in section 1 of this Act: Pro-
vided, That if the highest responsible bidder shall fail to enter into
and consummate a contract of sale, the Secretary of War may award
the contract to the next highest responsible bidder or, in his discre-
tion, readvertise said property for sale in like manner.

Sec. 3. Any contract of sale shall be subject to the conditions that
if the purchaser shall fail to pay any installment of the purchase
price and interest, if any, as and when the same are due, or shall
fail to comply with the other terms and conditions of the sale, then
the Secretary of War ma}', at his election, declare such purchaser in
default and reenter and repossess said property in the name of the
United States and he may thereafter cause said property to be read-
vertised and resold at public sale in accordance with the provisions
of this Act.

Sec. 4. During any interval of time that the property may be in
the custody of the Secretary of War, he may, in a manner that will
best conserve the interests of the United States, lease said property,
or, if unable to lease the same, on satisfactory terms, may maintain
and operate the same, or, in the discretion of the President, the
property may be transferred by Executive order to the Department
of Commerce for administration under the provisions of the Mer-
chant Marine Act of June 5, 1920, as amended.

Sec. 5. All sums received as a result of the sale of said property,
after deducting therefrom any costs of appraisal and other necessary
expenses incident to sale, shall be deposited in the Treasury of the
United States as miscellaneous receipts.

Approved June 20, 1936.

75th Congress

P.L. 316—50 Stat. 696

To authorize the Secretary of War to lease the Fort Schuyler Military Reser-
vation, New York.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of War be, and he is hereby, authorized to lease to the State of New

512

York, for nautical education purposes in the interests of national
defense, the Fort Schuyler Military Reservation, New York, or por-
tions thereof, for such term or terms, and upon such conditions as
the Secretary of War may deem advisable, and he may authorize the
State of New York incident to making the premises suitable for
occupancy to change the contour of the land, alter or demolish exist-
ing buildings and other structures, erect new buildings and struc-
tures, construct roads and other utilities, and landscape the reserva-
tion: Provided, That all alterations, construction, and improvements
made shall become the property of the United States: Provided
further, That the consideration for said lease or leases shall be the
repair and maintenance of the property by the State of New York
in accordance with the terms of the lease, and such lease or
leases shall reserve to the United States of America the right
to resume possession and occupy said premises or any portion
thereof whenever in the judgment of the Secretary of War an emer-
gency exists that requires the use and appropriation of the same for
the public defense.
Approved August 19, 1937.

P.L. 689—52 Stat. 833-4

Authorizing the United States Maritime Commission to sell or lease the
Hoboken Pier Terminals, or any part thereof, to the city of Hoboken, New
Jersey.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That the United
States Maritime Commission is authorized for and on behalf of the
United States, (1) to sell to the city of Hoboken, New Jersey, the
right, title, and interest of the United States in the whole or any
part of such real property now under its jurisdiction or control, and
described in schedule A appended to a proclamation of the President
of the United States, dated December 3. 1918, which was taken over
by the United States by a proclamation of the President of the
United States dated June 28, 1918, pursuant to the authority vested
in him by the Act entitled "An Act making appropriations to
supply deficiencies in appropriations for the fiscal year ending June
30, 1918, and prior fiscal years, on account of war expenses, and for
other purposes," approved March 28, 1918. or (2) to lease to the said
city of Hoboken the whole or any part of such aforementioned real
property for any term up to fifty years, said sale or said lease to be
on such terms and under such conditions as shall be mutually agree-
able to the Maritime Commission and the said city of Hoboken:
Provided, That any contract of lease executed between the Maritime
Commission and the city of Hoboken under the provisions of this
Act shall expressly authorize the Maritime Commission and the said
city, at or before the expiration of the original contract of lease to
enter into a new contract of lease of the same property and for a
like term of years.

[Emphasis supplied.]

513

Sec. 2. In event that the Maritime Commission, in accordance
with the provisions of this Act, shall convey to said city all or any
of the real property herein described, or in event that any such lease
as is herein provided for, shall be executed between the Maritime
Commission and the city of Hoboken, the Commission shall transfer
any leases in existence upon the property so sold or leased at the
time of said sale or lease, to the city of Hoboken and assign to it
any future benefit to be received thereunder.

Sec. 3. In event the property herein described shall be sold to the
city of Hoboken, the deed executed by the Commission shall contain
express covenants that (1) in event of a national emergency the
property so conveyed, with all improvements placed thereon, may be
taken upon order of the President of the United States for the use
of the War Department during the period of such emergency, but no
longer: Provided, That just compensation shall be paid for any
improvements placed thereon or made thereto, and (2) the said city
shall not resell the property conveyed thereunder.

Approved June 21, 1938"

79th Congress

P.L. 465—60 Stat. 332

To provide for the conveyance to the State of Alabama for use as a public
park of the military reservation known as Fort Morgan.

Be it enacted oy the Senate and House of Representatives of the
United States of America in Congress assembled, That, subject to
condition hereinafter specified, the Secretary of the Navy is author-
ized and directed to donate and convey to the State of Alabama all
the right, title, and interest of the United States in and to the mili-
tary reservation known as Fort Morgan, situated in Baldwin
County, Alabama, containing four hundred and eight and ninety-
two one-hundredths acres, more or less, and shown on map num-
bered 6559-110, entitled "Fort Morgan, Alabama, Reservation
Map", dated June 1914, revised to February 7, 1936, on file in the
office of the Quartermaster General, Washington, District of Colum-
bia (A.G. 600.93 (2-18-36)). The conveyance executed by the Sec-
retary of the Navy shall contain the express condition that if the
State of Alabama shall at any time cease to use such property as a
public park for public recreation, or shall alienate or attempt to
alienate such property, title thereto shall revert to the United States.
The said conveyance shall also contain the further express condition
that at any time during any future national emergency the Navy or
War Department may reoccupy the property, such occupancy to be
without cost to the United States.

Approved June 28, 1946.

[Emphasis supplied.]

514

80th Congress

P.L. 885—62 Stat. 1229-30

To authorize the Secretary of the Army to sell and convey to Okaloosa
County, State of Florida, all the right, title, and interest of the United
States in and to a portion of Santa Rosa Island, Florida, and for other
purposes.

Be it enacted ly the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized to convey, subject to the limitations and
conditions hereinafter enumerated and such others as he may pre-
scribe, to Okaloosa County, State of Florida, for recreational pur-
poses, all right, title, and interest of the United States in and to all
or any part of that portion of Santa Rosa Island, Florida, extend-
ing one mile east from Brooks Bridge on United States Highway 98
near the town of Fort Walton, Florida, except for a strip of land
six hundred feet wide (three hundred feet east and three hundred
feet west from center line of road leading to radar site "Dick"),
extending from Highway 98 to the mean low water level of the Gulf
of Mexico, and two miles west from said bridge, and to all or any
part of that portion of said Santa Bosa Island which lies east of the
new channel at East Pass (consisting of two small islands), said
property being under the jurisdiction of the Department of the
Army. Such conveyance shall be made upon payment by said county
of a sum which shall be fifty per centum of the fair value of the
property conveyed, based upon the highest and best use of the prop-
erty at the time it is offered for sale regardless of its former charac-
ter of use, as determined by the Secretary, less such portion of the
price originally paid by said county for said island, prior to its con-
veyance to the United States, as the Secretary shall determine to be
fair and equitable. The deed of conveyance of said property by the
Federal Government will contain the following limitations and
restrictions :

*******

c. That the Federal Government reserves the free right of ingress
and egress in, on, and over the above-described property to other
Federal Government property.

d. That the Federal Government reserves a navigation easement
in perpetuity, prohibiting the erection of any structure or obstacle in
excess of seventy-five feet above mean low-water level within the
area to be conveyed.

e. That in the event of a national emergency the United States
of America, acting through the Secretary of the Army, shall have the
right to take over from Okaloosa County, its successors or assigns,
complete control and operation of the property herein described for
such use and for such length of time as the emergency shall require,
in the discretion of the Secretary of the Army; without, rental or

[Emphasis supplied.]

515

other charge as far as Okaloosa County is concerned but subject to
all valid existing private rights in and to the said property or any
part or parts thereof: Provided, That just compensation shall be
given to the owners, lessees, or other persons interested for the
taking of control or operation of, or rights in, improvements of said
property.

f. That cost of any surveys that will be necessary in connection
with the conveyance of said land shall be borne by the county of
Okaloosa, its successors or assigns.

g. The public recreational purposes provided for herein shall
include the erection and operation by private persons, for profit, of
houses, hotels, restaurants, cafes, bathhouses, casinos, night clubs,
and other enterprises and usages usual to beach resorts and resort
housing developments.

*******
Approved July 2, 1948.

81st Congress

P.L. 97—63 Stat. 169-70

Removing certain restrictions and conditions imposed by section 2 of the Act
of May 27, 1936, on certain of the lands conveyed by such Act to the city of
Charleston, South Carolina, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) with
respect to the restrictions and conditions required by section 2 of the
Act entitled "An Aot authorizing the Secretary of Commerce to
convey the Charleston Army Base Terminal to the city of Charles-
ton. South Carolina", approved May 27, 1936 (prohibiting the city
of Charleston from transferring title to the property conveyed
under such Act and reserving a right to the United States to retake
such property in the event of a national emergency) , to be included
in the deed executed pursuant to the provisions of such Act the Sec-
retary of the Army is hereby authorized and directed to release to
the city of Charleston, South Carolina, by an appropriate written
instrument, such restrictions and conditions so far as they pertain to
the area designated as "tract numbered 2 — part 1", comprising
approximately two hundred seventy-eight and ninety-two one-hun-
dredths acres, on the map on file in the Office, Chief of Engineers,
Department of the Army, entitled "Tract No. 2, Portion of Charles-
ton Ordnance Depot, North Charleston, S.C., Date: 2 Feb. 1949,
Drawing Number RE-1/372 (Rev.), as further revised 9 Feb.
1949."

(b) In executing the written instrument referred to in subsection
(a) the Secretary of the Army is authorized and directed to make
provision for reservation and/or conveyance to the United States of

[Emphasis supplied.]

516

all easements and rights-of-way (including use of water and sewer
mains) that are now enjoyed by the United States with respect to
such tract and are deemed necessary for retention by the Secretary
of the Army, subject to the provision that any such easements and
rights-of-way (including use of water and sewer mains) as may at
any time in the opinion of the Secretary of the Army, be no longer
required for governmental use may be abandoned, and upon such
abandonment will automatically terminate. Such instrument shall
recite that with respect to that certain water main which intersects
the northwesterly corner of the above-described premises, the City
Council of Charleston, South Carolina, its successors, or assigns,
may with the written consent of the Secretary of the Army, relocate
at its sole cost and expense such water main on other lands and that
in such event all rights and privileges now enjoyed by the United
States with respect to such water main shall cease and terminate.

Sec. 2. The Secretary of the Army is authorized to convey by
quitclaim deed to the City Council of Charleston, South Carolina,
all or any part of the right, title, and interest of the United States
in and to so much of that certain tract of land comprising one and
two hundred and five one-thousandths acres, more or less, and desig-
nated as tract 5, exception ■'€"', on the drawing described in the first
section of this Act, as the Secretary of the Army determines is no
longer needed for military purposes. Any conveyance executed pur-
suant to the authority contained in this section shall be made upon
payment by the Citv Council of Charleston, South Carolina, of the
fair market value of the property to be conveyed.

Approved June 10, 1949.

P.L. 593—64 Stat. 310-11

Authorizing the transfer of part of Camp Joseph T. Robinson to the State of
Arkansas.

Be it enacted by tlie Senate and Bowse of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army be, and he is hereby, authorized to transfer to the State
of Arkansas that part of Camp Joseph T. Robinson that was licensed
by the Secretary of the Army to the Military Department of the State
of Arkansas on the 25th day of March 1947, consisting of thirty-
four thousand acres, more or less, and particularly described in the
aforementioned license, copies thereof being on file in the offices of
the Chief of the National Guard Bureau, the Chief of Engineers,
and the Adjutant General of the State of Arkansas, together with
all buildings, improvements thereon, and all appurtenances and util-
ities belonging or appertaining thereto, including water line from
Little Rock to Camp Joseph T. Robinson, Arkansas, and to execute
and deliver in the name of the United States in its behalf any and
all contracts, conveyances, or other instruments as may be necessary
to effectuate the said transfer: Provided, That there shall be
excluded from the conveyance hereinabove provided for, the follow-
ing-described lands : The west half of the east half of the northwest

517

quarter of section 1 ; the west half of the west half of section 1 ; the
east half of section 2; and a portion of the west half of section 2
described as follows: Beginning at the northeast corner of the
northwest quarter of section 2 ; thence west one hundred and eighty
feet to the intersection of Sixty-second Street (Old Remount or
Batesville Eoad) and Maryland Avenue ; thence in a south southwest-
erly direction to a point nine hundred feet west of the southeast
corner of the southwest quarter of section 2 (the intersection of New
York Avenue and the reservation boundary) ; thence east to the
southeast corner of the southwest quarter of section 2 ; thence along
the north-south center line of section 2 to the point of beginning.
All in township 2 north, range 12 west, containing approximately five
hundred seventy-one and three-tenths acres, more or less: And pro-
vided further, That there shall be reserved to the United States all
minerals, including oil and gas, in the lands authorized for convey-
ance by this section.

Sec. 2. Such conveyance shall contain a provision that said prop-
erty shall be used primarily for training of the National Guard and
for other military purposes, and that if the State of Arkansas shall
cease to use the property so conveyed for the purposes intended,
then title thereto shall immediately revert to the United States, and,
in addition, all improvements made by the State of Arkansas during
its occupancy shall vest in the United States without payment of
compensation therefor.

Sec. 3. Such conveyance shall contain the further provision that
whenever the Congress of the United States shall declare a state of
war or other national emergency or the President declares a state
of emergency to exist, and upon the determination by the Secretary
of National Defense that the property so conveyed is useful or neces-
sary for military, air, or naval purposes, or in the interest of national
defense, the United States shall have the right, without obligation to
make payment of any kind, to reenter upon the property and use the
same or any part thereof, including any and all improvements made
by the State of Arkansas for the duration of such state of war or
other national emergency and upon the cessation thereof plus six
months said property is to revert to the State of Arkansas: Pro-
vided, however, That the United States shall have no obligation to
restore the property in any way.

Approved June 30, 1950.

P.L. 755—64 Stat. 591-2

To authorize the conveyance of a portion of the United States military reser-
vation at Fort Schuyler, New York, to the State of New York for use as a
maritime school, and for other purposes.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized to convey to the State of New York all
that portion of the United States Military Reservation at Fort
Schuyler, New York, together with all improvements thereon, lying

518

easterly of a line commencing at a point (latitude forty degrees
forty -eight minutes tweny-three seconds; longitude seventyjthree
degrees forty-seven minutes fifty-two seconds) fixed on the south sea
wall which is approximately twenty-five and five-tenths feet westerly
from an angle in said sea wall and thence running in a northeasterly
direction five hundred and ninety-two and five-tenths feet, more or
less, to a point on the north sea wall which is approximately one
hundred and ninety-six and five-tenths feet westerly from an angle
in the north sea wall, said line being the easterly edge of a concrete
curb for an eighteen-foot concrete road running in a north-easterly
and southwesterly direction, together with such easements for high-
way or other purposes, over that portion of such reservation which
is not herein authorized to be conveyed to the State of New York, as
may be necessary for the proper use and enjoyment of the portion so
conveyed and as may be determined by agreement between the Sec-
retary of the Navy and the appropriate officials of the State of New
York.

Sec. 2. Such conveyance shall contain the express provision that if
the State of New York shall fail to maintain so much of the mili-
tary structures and appurtenances presently erected, which formerly
constituted the old fort, as a historical monument reasonably avail-
able to the public, and if the State of New York shall at any time
cease to use the property so conveyed as a maritime school, devoted
exclusively to purposes of nautical education, title thereto shall
revert to the United States.

Sec. 3. Such conveyance shall contain the further provision that
whenever the Congress of the United States shall declare a state of
war or other national emergency to exist, upon determination by the
Secretary of the Army or the Secretary of the Navy that the prop-
erty so conveyed is useful or necessary for military or naval pur-
poses or in the interest of national defense, the United States shall
have the right to reenter upon such property and use the same or
any part thereof for the duration of such state of war or other
national emergency.

Set. 4. The conveyance herein authorized shall not be executed by
the Secretary of the Armv until the State of New York shall have
relinquished to the United States of America in a manner satisfac-
tory to the Secretary of the Navy, all right, title, or interest that it
may have pursuant to any lease or otherwise in that portion of Fort
hchuvler Military Tieservation which is not herein expressly author-
ized to be conveyed to said State.

Sec. S. All rights and privileges granted to the United States
Ooast (Tiiard bv the War Department on April 18, 1933, and
renewed by the Secretary of the Army for a further five-year period
it • w St I-"1 '■"T^™ ™* *e site of Throgs Neck Coast
fh« TtJ^ « \ n n?*Uhe "Perat;on hereof, will be preserved to
the United States Coast Guard until such time as the Secretary of

Oruard Light Station will at no time be necessary
Approved September 5, 1950.

[Emphasis supplied.]

519

82l) CoNGKESS

P.L. 222—65 Stat. 658

To authorize the Secretary of the Navy to transfer to the Commonwealth of
Massachusetts certain lands and improvements comprising the Castle Island
Terminal Facility at South Boston in exchange for certain other lands.

Be it enacted by t/w Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy is authorized to convey to the Commonwealth of Massa-
chusetts subject to the terms and conditions hereinafter expressly
stated and to such other terms and conditions as the said Secretary
of the Navy shall deem to be in the public interest, all of the right,
title, and interest of the United States in and to the property known
as Castle Island Terminal Facility in South Boston, Massachusetts,
including Government-owned land and improvements thereon and all
Government improvements constructed on lands of the Common-
wealth of Massachusetts or the city of Boston, being the same prop-
erty transferred to the Navy Department by the War Assets Admin-
istration on April 13, 1949, in consideration of the conveyance by
the Commonwealth of Massachusetts to the United States of America,
free of all encumbrances the following lands together with any
improvements thereon: (a) An area one hundred and forty-two
feet by one hundred and sixty feet occupied by the United States
under permit 4112 issued by the Commonwealth of Massachusetts;
(b) an area of approximately four hundred and eighty thousand
square feet occupied by the United States under permit 4113 issued
by the Commonwealth of Massachusetts; and (c) an area of approxi-
mately four hundred and forty thousand square feet adjacent to lands
occupied under said permit 4113, this area being a part of the Reserve
Channel and being occupied and filled by the United States pursuant
to informal permission of the Commonwealth of Massachusetts.

Sec. 2. The conveyance to the Commonwealth of Massachusetts
hereinabove authorized shall be made subject to the following
express conditions: (a) That the Commonwealth, at its own expense,
will preserve and maintain in a condition suitable for terminal pur-
poses the improvements now existing on said property and those
which may hereafter be constructed thereon ; (b) that in time of war
or national emergency the United States shall have the right of the
free and unlimited use of all of said property including any
improvements which may be erected by the grantee; and (c) that
the property shall not be used for any purpose other than as a ter-
minal except with the prior consent in writing of the Secretary of
the Navy.

Approved October 27, 1951.

[Emphasis supplied.]

520

P.L. 377—66 Stat. 128-9

To authorize the Secretary of the Navy to convey to the Territory of Hawaii
certain real property at Kahului, Wailuku, Maui, Territory of Hawaii.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy is authorized to convey, without reimbursement, to the
Territory of Hawaii, subject to the reservations set forth in section 2
hereof and to such other terms, conditions reservations, and restric-
tions as he may deem to be in the public interest, all of the "ght,
title, and interest of the United States in and to the former Naval
Air Station, Kahului, Wailuku, Maui, Territory of Hawaii, compris-
ing one thousand three hundred and forty-one acres, more or less,
together with all improvements thereon and such personal property
relating thereto as the Secretary of the Navy may select.

Sec. 2. The conveyance to the Territory of Hawaii herein author-
ized shall be made subject to the following terms and conditions:
(a) That the Territory shall not alienate its title to the property con-
veyed nor shall it lease the same or any part thereof except for pub-
lic-airport purposes : Provided, That particular structures or parcels
not suitable for airport purposes may be leased for other purposes
with the consent of the Secretary of the Navy; (b) that the
Territory shall maintain or cause to be maintained in a condition
which the Secretary of the Navy may deem to be suitable for
public-airport purposes, the improvements now existing on the land
as well as those which may hereafter be constructed thereon which
the Territory and the Secretary of the Navy may mutually agree
are suitable for such purposes, and (c) that in time of war or
national emergency the United States shall have the right of free
and unlimited use, exclusive or nonexclusive, of the land conveyed,
together with any improvements thereon and personal property
relating thereto, and may after thirty days' notice in writing to the
Territory, enter upon, repossess, and reassert ownership of and title
to said property, including within the discretion of the Secretary of
the Navy all or any part of the improvements erected by the Terri-
tory, whereupon title to said property shall vest in the United
States: Provided, however, That the United States shall make just
compensation for the acquisition of title to any personal property
acquired by the Territory without Federal aid and for any new
facilities provided by the Territory without Federal aid which are
not in the nature of improvements to or replacements of existing
structures.

Approved June 5, 1952.

P.L. 559—66 Stat. 727-8

To amend the Act entitled "An Act to authorize the conveyance of a portion of
the United States military reservation nt Fort Schuyler, New York, to the
State of New York for use as a maritime school, and for other purposes",
approved September 5, 1950.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sec-
[Emphasis supplied.]

521

tion of the Act entitled "An Act to authorize the conveyance of a
portion of the United States military reservation u. Fort Schuyler,
New York, to the State of New York for use as a maritime school,
and for other purposes", approved September 5, 1950 (Public Law
755, Eighty-first Congress), is hereby amended to read as follows:
"That the Secretary of the Army is authorized to convey to the
people of the State of New York all that portion of the United
States Military Reservation at Fort Schuyler, in the borough and
county of Bronx in the city of New York, State of New York,
together with all improvements thereon, bounded and described as
follows, to wit : . . .

*******
Sec. 2. Section 3 of the Act is amended to read as follows :
"Such conveyance shall contain the further provision that during
any emergency declared by the President or the Congress of the
United States in existence at the time of enactment of this Act, or
whenever the President or the Congress of the United States
declares a state of war or other national emergency, and upon the
determination by the Secretary of the Army, the Secretary of the
Navy, or the Secretary of the Air Force that the property so con-
veyed is useful for military, air, or naval purposes or in the interest
of national defense, the United States shall have the right, without
charge, except as indicated below, to the full, unrestricted possession,
control, and use of the property conveyed, or any part thereof,
including any additions or improvements thereto made by the State
subsequent to this conveyance : Provided, however, That the United
States shall be responsible during the period of such use for the
entire cost of maintaining all of the property so used, and shall pay
a fair rental for the use of any structures or other improvements
which have been added thereto without Federal aid."
Approved July 16, 1952.

83d Congress

P.L. 39—67 Stat. 38

To continue in effect certain appointments as officers and as warrant officers of
the Army and of the Air Force.

Be it enacted by the Senate and Howe of Representatives of the
United States of America in Congress assembled, That if the
appointment as a commissioned officer or warrant officer of any
person who is determined, as provided in the Missing Persons Act
(56 Stat. 143), as amended, to have been in a status of missing, miss-
ing in action, interned, captured, beleaguered, or besieged at any
time after June 25, 1950, and before the termination of the national
emergency proclaimed by the President on December 16, 1950
(Proc. 2914, 3 C.F.E. 71), would normally terminate before the person
holding that appointment is released from active duty, the President

LEmphasis supplied.]

522

is authorized to continue that appointment in effect until that person
is released from active duty. On or before the date of his release
from active duty, any such person who agrees in writing to have his
appointment as a Reserve commissioned officer or a Reserve warrant
officer continued in effect for an indefinite term shall be given an
indefinite term appointment in lieu of the appointment which he
holds at that time.
Approved May 27, 1953.

P.L. 56— £7 Stat. 54

Authorizing the transfer of certain property of the Veterans' Administration
(in Johnson City, Tennessee) to the State of Tennessee.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Adminis-
trator of Veterans' Affairs be, and he is hereby, authorized to trans-
fer to the State of Tennessee certain property of the Veterans'
Administration situated in Johnson City, Tennessee, and described
as follows :

Approximately thirty acres of land comprising the westerly por-
tion of the Veterans' Administration Center, the exact courses and
distances of the perimeter of which shall be determined and
approved by the Administrator of Veterans' Affairs. The State of
Tennessee shall pay the cost of surveys as may be required by the
Administrator of Veterans' Affairs in determining the required legal
description. The land shall be conveyed together with all buildings,
improvements thereon, and all appurtenances and utilities belonging
or appertaining thereto, and the Administrator of Veterans' Affairs
shall execute and deliver in the name of the United States in its
behalf any and all contracts, conveyances, or other instruments as
may be necessary to effectuate the said transfer : Provided. That the
State of Tennessee shall perpetuate and provide for the maintenance
of the cemetery located on the property: Provided further. That
there shall be reserved to the United States all minerals, including
oil and gas, in the lands authorized for conveyance of this section.

Sec. 2. Such conveyance shall contain a provision that said prop-
erty shall be used primarily for training of the National Guard and
for other military purposes, and that if the State of Tennessee shall
cease to use the property so conveyed for the purposes intended
then title thereto shall immediately revert to the United States and'
in addition, all improvements made by the State of Tennessee
during its occupancy shall vest in the United States without pay-
ment of compensation therefor.

Sec. 3. Such conveyanace shall contain the further provision that
whenever the Congress of the United States shall declare a state
of war or other national emergency, or the President declares a
state of emergency to exist, and upon the determination by the Sec-
retary of National Defense that the property so conveyed is useful or
necessary for military, air, or naval purposes, or in the interest of
[Emphasis supplied.]

523

national defense, the United States shall have the right, without
obligation to make payment of any kind, to reenter upon the prop-
erty and use the same or any part thereof, including any and all
improvements made by the State of Tennessee for the duration of
such state of war or other national emergency and upon the cessa-
tion thereof plus six months said property is to revert to the State
of Tennessee: Provided, however, That the United States shall have
no obligation to restore the property in any way.
Approved June 6, 1953.

P.L. 92—67 Stat. 120

To continue the effectiveness of the Act of March 27, 1942, as extended, relat-
ing to the inspection and audit of plants, books, and records of defense con-
tractors, for the duration of the national emergency proclaimed December
16, 1950, and six months thereafter.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled. That the Act of
March 27, 1942 (56 Stat. 185, 186, ch. 199, sees. 1301-1304), as
extended by subsection 1(a)(2) of the Emergency Powers Contin-
uation Act (Public Law 450, Eighty-second Congress), as amended,
shall remain in full force and effect until six months after the termi-
nation of the national emergency proclaimed by the President on
December 16, 1950 (Proc. 2914, 3 C.F.R., 71), notwithstanding any
limitation by reference to war of the time during which the powers
and authorizations therein granted may be exercised, or until such
earlier date as may be provided by the Congress by concurrent reso-
lution or by the President.

Approved June 30, 1953.

P.L. 169—67 Stat. 244

To continue in effect certain provisions of section 6 of the Act of February 4,
1887, as amended, relating to military traffic in time of war or threatened
war, for the duration of the national emergency proclaimed December 16,
1950, and six months thereafter, or until such earlier date as may be estab-
lished by concurrent resolution of Congress.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the provi-
sions of the eighth paragraph (designated "Military traffic in time
of w.ar") of section 6 of the Act of February 4, 1887 (ch. 104, 24
Stat. 380), as that section was amended by section 2 of the Act of
June 29, 1906 (ch. 3591, 34 Stat. 586), as amended, and as extended
by section 1(a) (24), Emergency Powers Continuation Act (Public
Law 450, Eighty-second Congress) shall remain in full force and
effect until six months after the termination of the national emer-
gency proclaimed by the President on December 16, 1950 (Procla-
mation 2914, C.F.E. 71), or until such earlier date as the Congress

[Emphasis supplied.]

524

bv concurrent resolution declares that it is no longer necessary to
exercise the powers continued in force and effect by this Act, not-
withstanding any limitation by reference to war or threatened war
of the time during which the powers and authorizations therein
granted may be exercised.
Approved July 31, 1953.

P.L. 315—68 Stat. 32

To direct the Secretary of the Army to convey certain land located in Windsor
Locks, Connecticut, to the State of Connecticut

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to convey by quitclaim deed,
without consideration, to the State of Connecticut all right, title,
and interest of the United States, except as retained in this Act. in
and to the following described land in Windsor Locks, Connecticut,
together with all buildings, improvements thereon, and all appurte-
nances and utilities belonging or appertaining thereto, such land
including approximately fifty-eight and six hundred eighty-five
one-thousandths acres and formerly designated as the Post Engineer
Area of Bradley Field, as shown on maps on file with the Office of
the Chief of Engineers :

*******
Sec. 3. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used primarily
for training of the National Guard and for other military purposes,
and that if the State of Connecticut shall cease to use the property
so conveyed for the purposes intended, then title thereto shall imme-
diately revert to the United States, and in addition, all improve-
ments made by the State of Connecticut during its occupancy shall
vest in the United States without payment of compensation therefor.

Sec. 4. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or "any part
thereof, including any and all improvements made thereon by the
State of Connecticut, for the duration of such state of war or of
such emergency. Upon the termination of such state of war or of
such emergency plus six months such property shall revert to the
State of Connecticut.

Sec. 5. In executing the deed of conveyance authorized by this
Act, the Secretary of the Army shall include specific provisions cov-
[Emphasis supplied.]

525

ering the reservations and conditions contained in sections 2, 3, and
4 of this Act.

Approved March 26, 1954.

P.L. 327—68 Stat. 51

To provide for the conveyance of a portion of the Camp Butner Military Res-
ervation, North Carolina, to the State of North Carolina.

Be it enacted by the Senate and Bouse of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized to convey to the State of North Carolina
all the right, title, and interest of the United States in and to (a) a
tract of land in Granville County, North Carolina, comprising twen-
ty-six and four-tenths acres, more or less, together with buildings
and improvements thereon, being a portion of the cantonment area
of the former Camp Butner Military Reservation, and (b) a tract of
land comprising four thousand seven hundred thirty-four and nine
one-hundredths acres more or less in Durham and Granville Coun-
ties, North Carolina, being the same property now utilized by the
State of North Carolina National Guard as a general firing range,
subject, however, to reservation in the United States of all mineral
rights, including gas and oil, in the land authorized to be conveyed
by this Act.

Sec. 2. The conveyance of the property identified in section 1 of
this Act to the State of North Carolina shall be made without con-
sideration therefor and upon condition that it shall be used for mili-
tary purposes only, and in the event it shall not be used for such
purposes title thereto shall immediately revert to the United States,
and, in addition, title to all improvements made by the State of
North Carolina during its occupancy shall vest in the United States
without pavment of compensation therefor. The deed of conveyance
shall contain the further provision that whenever the Congress of
the United States shall declare a state of war or other national
emergency, or the President declares a state of emergency to exist,
and upon the determination by the Secretary of Defense that the
property so conveyed is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without charge, except as indicated
below, to reenter upon the property and use the same or any part
thereof, including any and all improvements made by the State of
North Carolina, for a period not to exceed the duration of such state
of war or national emergency plus six months, and upon cessation of
such use, such property shall revert to the State of North Carolina,
together with any or all improvements thereon and appurtenances
appertaining thereto: Provided, however, That the United States
shall be responsible during the period of such use for the entire cost
of maintaining all of the property so used, and shall pay a fair
rental for the use of any structures or other improvements which
have been added thereto without Federal aid.

[Emphasis supplied.]

24-509 O 73-35

526

Sec. 3. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the grantee.
Approved April 2, 1954.

P.L. 349—68 Stat. 65-70

To establish limitations on the numbers of officers who may serve in various
commissioned grades in the Army, Navy, Air Force, and Marine Corps, and
for other purposes.

Be it enacted ly the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Officer Grade Limitation Act of 1954".

TITLE I— ARMY

Sec. 101. The number of commissioned officers on active duty in
the Army in each of the following grades on the last day of each
fiscal year when compared to the total number of commissioned
officers on active duty in the Army authorized by the Secretary of
the Army (exclusive of Reserve officers on active duty for training
purposes only, and officers serving with other departments or agen-
cies of the Government on a reimbursable basis) shall not exceed the
numbers which are set forth in the following table :

*******

Sec. 403. The President may suspend all or any part of the provi-
sions of this Act in time of war, or in time of national emergency
hereafter declared by the Congress or by the President. Notwith-
standing section 426(c) of the Officer Personnel Act of 1947, as
amended, the President may suspend all or any part of those provi-
sions of the Officer Personnel Act of 1947, which are amended by
this Act, which relate to grades above that of lieutenant, only in
time of war, or in time of national emergency hereafter declared by
the Congress or by the President.

Sec. 404. Not later than January 30 of each year, the Secretary of
the Army, the Secretary of the Navy, and the Secretary of the Air
Force shall present to the Committees on Armed Services of the
House of Representatives and the Senate, the estimated active-duty
personnel requirements for his respective service for the next fiscal
year, the estimated number of commissioned officers in each grade on
active duty whether by permanent or temporary appointment, to be
promoted during the next fiscal year, and an analysis of the current
distribution by grade of commissioned officers serving on active
duty, whether by permanent or temporary appointment.

Approved May 5, 1954.

[Emphasis supplied.]

527

P.L. 386—68 Stat. 171

To provide for the conveyance to the State of Indiana of certain surplus real
property situated in Marion County, Indiana.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Adminis-
trator of General Services is authorized and directed to convey to
the State of Indiana, upon the terms and conditions and for the con-
sideration set forth in section 2, all the right, title, and interest of
the United States in and to certain land (Hereinafter referred to as
Federal land) situated in Marion County, Indiana, together with all
fixtures and improvements thereon. Such land, which is surplus to
the requirements of the United States, comprises a part of the north
half of the northwest quarter of section 20, township 15 north, range
3 east, Marion County, Indiana, known as Tent City, and, is more
particularly described as follows:

*******

Sec. 2. The conveyance of the Federal land provided for in the
first section shall be made upon the terms and conditions and for the
consideration set forth as follows :

(1) In time of war or of national emergency heretofore or here-
after declared by the President or the Congress, and upon the re-
quest of the Secretary of Defense to the State of Indiana, the United
States shall have the right to the exclusive or nonexclusive use of all
or any part of the Federal land, and all improvements thereon, for
the full period of such war or national emergency without cost to
the United States. Upon the expiration of such war or national
emergency the use of the Federal land shall cease in favor of the
State of Indiana.

*******

(3) In time of war or of national emergency heretofore or here-
after declared by the President or the Congress, and upon the re-
quest of the Secretary of Defense to the State of Indiana, the United
States shall have the right to the exclusive or nonexclusive use of all
or any part of the State land for the full period of such war or
national emergency without cost to the United States. Upon the
expiration of such war or national emergency the use of the State
land shall cease in favor of the State of Indiana.

(4) In the event that the State of Indiana shall at any time sell,
convey, or otherwise dispose of, or shall attempt to sell, convey, or
otherwise dispose of, all or any part of the State or Federal land
without the consent of the Secretary of Defense, all of the right,
title, and interest in and to the Federal land, including any
improvements thereon, shall revert to the United States without
cost.

Sec. 3. Nothing herein contained shall prevent the State of Indi-
ana from granting leases of said lands and rights and easements

[Emphasis supplied.]

528

therein and thereon without the consent of the Secretary of Defense
providing any such lease, rights, and easements are made subject to
the right of use thereof by the United States during war or national
emergency.
Approved June 4, 1954.

P.L. 493—68 Stat. 474-7

To provide for the conveyance of the federally owned lands which are situated
within Camp Blandlng Military Reservation, Florida, to the Armory Board,
State of Florida, in order to consolidate ownership and perpetuate the avail-
ability of Camp Blanding for military training and use.

Be it enacted by the Senate and House of Repesentatwes of the
United States of America in Congress assembled., That the Secretary
of the Army is authorized and directed to convey, upon the terms
and conditions and for the consideration set forth in section 2 of
this Act, to the Armory Board, State of Florida (hereinafter
referred to as the "board"), all of the right, title, and interest of the
United States in and to certain land (hereinafter referred to as
"Federal land") situated within Camp Blanding Military Reserva-
tion, Florida, and more particularly described as follows:

**«*»*«

Sec. 2. The conveyance of the Federal land provided for in the
first section shall be made upon the terms and conditions and for the
consideration set forth as follows :

(1) In the event of the existence of any national emergency
declared by proclamation of the President or by action of the Con-
gress, the use of the Federal land, or any part thereof, shall, upon
the request of the Secretary of the Army to the board, revert to the
United States for the full period of such national emergency with-
out cost to the United States. Upon the expiration of such national
emergency such use of the Federal land shall cease in favor of the
board, and the United States shall be under no obligation to restore
the premises or to compensate the State for any waste or any
damage to the property arising out of the use and occupancy thereof
by the United States.

(2) In consideration of the conveyance of the Federal land the
board, acting for the State of Florida, shall agree to use for mili-
tary purposes only, and not to sell, convey, or otherwise dispose of
all or any part of certain land or permanent improvements thereon
(hereinafter referred to as "State land") comprising a part of the
State-owned portion of Camp Blanding Military Reservation to anv
party other than the United States. The State land is more particu-
larly described as follows :

**•••.,

Approved July 14. 1964.

[Emphasis supplied.]

529

PX. 534^-68 Stat. 535

To authorize certain construction at military and naval installations and for
the Alaska Communications System, and for other purposes.

Be it enacted by the /Senate and Borne of Representatives of the
U nited States of America in Congress assembled,

TITLE I

Sec. 101. The Secretary of the Army is authorized to establish or
develop military installations and facilities by the construction, con-
version, rehabilitation, or installation of permanent or temporary
public works in respect of the following projects, which include site
preparation, appurtenances, and related utilities and equipment:
Provided, That the Secretary of the Army, in exercising the author-
ity granted herein, shall, whenever practicable and in the best inter-
ests of the United States, provide for the rehabilitation of existing
barracks and officer quarters in lieu of new construction :

*******

(c) Any lease entered into under this section shall provide (1)
that during any national emergency declared by the President, or
in the event the Congress shall declare a state of war to exist, and
the Secretary of the Army shall determine that the leased property is
useful or necessary for military purposes, the United States shall
have the right to reenter such property and use the same for such
period of time as shall be determined by the Secretary of the Army
to be necessary in the interests of national security; (2) that upon
any such reentry, and at the option of the Commonwealth of Massa-
chusetts, the lease shall be terminated, or the term thereof extended
for such period of time as the United States may be in possession
following any such reentry; and (3) that in the event the lease is
terminated, the Commonwealth of Massachusetts shall be appropri-
ately compensated for the cost of repairing and rehabilitating the
leased property, as provided in subsection (b) of this section, and
for the cost of capital items provided by it.

(d) Any such lease shall also provide for termination by the Sec-
retary of the Army in the event of a breach of the terms or condi-
tions of the lease.

(e) In the event that a lease is entered into under this section, the
Department of the Army, or any other department or agency of the
United States, which, prior to the entering into such lease, was fur-
nishing necessary utilities or services to the leased property, may,
upon the request of the lessee, continue to provide such utilities or
services. Any such utilities or services so furnished shall be paid for
by the lessee at a rate to be determined by the supplying agency.
Such rate shall be fixed with a view to obtaining full reimbursement
for the cost to any such agency of supplying any such utilities or
services to the lessee. Any sums so received shall be covered into the

[Emphasis supplied.]

530

Treasury to the credit of the appropriation or appropriations i
which the cost of furnishing such utilities or services was paid.

..****
Approved July 27, 1954.

P.L. 556—68 Stat. 586

To Dermit the city of Philadelphia to further develop the Hog Island tract as
afa™ rail? and marine terminal by directing the Secretory of Commerce to
release tte city of Philadelphia from the fulfillment of certain conditions
contained in the existing deed which restrict farther development

Be it enacted ly the Senate and House of Representatives of the
United States of America in Congress assembled, That the becretary
of Commerce is authorized and directed to release the city of Phila-
delphia from the fulfillment of any and all conditions for the benefit
of the United States set forth in a deed of the United States, acting
through the United States Shipping Board, dated the 23d day of
July 1930, relating to a tract of land, known as Hog Island, situated
partly in the township of Tinicum in the county of Delaware and
State of Pennsylvania and partly in the Fortieth Ward of the city
of Philadelphia, comprising nine hundred and fifty-one acres more
or less; and to execute in proper form a full and complete release
and discharge of the yearly ground rent reserved to the United
States under and pursuant to said deed, and relieving the city of
Philadelphia from the fulfillment of any and all covenants, condi-
tions and trusts for the benefit of the United States set forth in said
deed.

Sec. 2. The execution of the aforesaid release shall be made with-
out consideration therefor and upon condition that the aforesaid
tract shall be held, used and developed as and for an air, rail, and
marine terminal for the promotion and furtherance of the interstate
and foreign commerce of the United States, and for industrial pur-
poses related thereto : Provided, That the premises shall not be dis-
posed of by the city of Philadelphia by conveyance or sale, except in
furtherance of the public purposes herein set forth. The release shall
contain a further provision that whenever the Congress of the
United States shall declare a state of war or other national emer-
gency the United States shall have the right to enter upon the prem-
ises and use the same or any part thereof owned by the city of Phil-
adelphia for a period not to exceed the duration of such state of war
or national emergency plus six months, and upon cessation of such
use said premises shall revert to the city of Philadelphia : Provided,
liowerer, That the United States shall be responsible during the
period of such use for the maintenance of all of the property so
used, and shall pay a fair rental for the use of any structures or
other improvements which have been added thereto, said rental to
include all debt service charges or other obligations arising out of
the financing of all structures or improvements on the aforesaid
premises.

Approved July 29, 1954.

[Emphasis supplied.]

531

P.L. 711—68 Stat. 974-5

To direct the Secretary of the Army to convey certain property located In El
Paso, Texas, and described as part of Fort Bliss, to the State of Texas.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assertMed, That the Secretary
of the Army is authorized and directed to convey by quitclaim deed,
without consideration, to the State of Texas all right, title, and
interest of the United States, except as retained in this Act, in and
to a parcel of land within Fort Bliss Military Reservation, such
parcel consisting of a portion of North El Paso Addition and a por-
tion of Morningside Heights Addition, El Paso, Texas, and being
more particularly described by metes and bounds as follows :

Beginning at a point which is the intersection of the east right-
of-way line of Pollard Street and the south right-of-way line of
Hayes Avenue; thence south no degrees fourteen and ninety one-
hundredths minutes west along the east right-of-way line of Pollard
Street, a distance of nine hundred two and six-tenths feet; thence
south eighty-nine degrees forty-five and ten one-hundredths minutes
east a distance of one thousand forty-two and thirty-nine one-hun-
dredths feet to the west right-of-way line of the Southern Pacific
Eailroad (formerly the E.P. & S.W.R.R.) ; thence north thirteen
degrees forty-five and two one-hundredths minutes east a distance of
eight hundred forty-five and seventy-three one-hundredths feet
along the Southern Pacific Railroad right-of-way line, to a point;
thence north one degree fifteen and sixty-two one-hundredths min-
utes west a distance of one hundred twelve and five one-hundredths
feet, to a point in the south right-of-way line of Hayes Avenue;
thence south eighty-eight degrees forty-six minutes west a distance
of one thousand two hundred thirty-seven and three-tenths feet
along the south right-of-way line of Hayes Avenue, to the point of
beginning, containing in all twenty-four and twenty-five one-hun-
dredths acres of land, more or less.

Sec. 2. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

Sec. 4. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used primarily
for training of the National Guard and for other military purposes,
and that if the State of Texas shall cease to use the property so con-
veyed for the purposes intended, then title thereto shall immediately
revert to the United States, and in addition, all improvements made
by the State of Texas during its occupancy shall vest in the United
States without payment of compensation therefor.

532

Sec. 5. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon by the
State of Texas, for the duration of such state of war or of such
emergency. Upon the termination of such state of war or of such
emergency plus six months such property shall revert to the State of
Texas, together with all appurtenances and utilities belonging or
appertaining thereto. .

Sec. 6. In executing the deed of conveyance authorized by this
Act, the Secretary of the Army shall include specific provisions cov-
ering the reservations and conditions contained in sections 2, 3, 4,
and 5 of this Act.

Approved August 30, 1954.

P.L. 712—68 Stat. 975-6

To direct the Secretary of the Air Force or his designee to convey certain
property located in proximity to San Antonio, Bexar County, Texas, to the
State of Texas.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Air Force or his designee is authorized and directed to convey
by quitclaim deed, without consideration, to the State of Texas all
right, title, and interest of the United States, except as retained in
this Act, in and to the following described land in proximity to San
Antonio, Bexar County, Texas, together with all buildings, improve-
ments thereon, and all appurtenances and utilities belonging or
appertaining thereto, such land including approximately two
hundred eighteen and fifty-six one-hundredths acres and formerly
designated as Martindale Auxiliary Field, as shown on maps on file
with the Office of the Chief of Engineers :

*******

Sec. 4. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used primarily
for training of the National Guard and the Air National Guard and
for other military purposes, and that if the State of Texas shall
cease to use the property so conveyed for the purposes intended,
then title thereto shall immediately revert to the United States, and
in addition, all improvements made by the State of Texas during its
occupancy shall vest in the United States without payment of com-
pensation therefor.

Sec. 5. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of

[Emphasis supplied.}

533

the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon by the
State of Texas, for the duration of such state of war or of such
emergency. Upon the termination of such state of war or of such
emergency plus six months such property shall revert to the State of
Texas, together with all appurtenances and utilities belonging or
appertaining thereto.

Sec. 6. In executing the deed of conveyance authorized by this
Act, the Secretary of the Air Force or his designee shall include
specific provisions covering the reservations and conditions contained
in sections 2, 3, 4, and 5 of this Act.

Approved August 30, 1954.

P.L. T13— 68 Stat. 977-8

To authorize the conveyance to the State of Texas of approximately nine acres
of land in Houston, Texas, to be used for National Guard purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to convey to the State of
Texas, without compensation therefor, all the right, title, and inter-
est of the United States in and to approximately nine and three-
tenths acres of land in Houston, Harris County, Texas, and all
improvements thereon, said property comprising that portion of the
former Hughes Strut Plant now being occupied by the Texas
National Guard under a license issued by the Secretary of the
Army.

Sec. 2. The deed of conveyance authorized under the provisions of
this Act shall —

(1) provide that the property conveyed shall not be alienated
in whole or in part by the State of Texas and shall be used pri-
marily for training National Guard and Air National Guard
personnel and for other military purposes, and if such provision
is violated title to such property (including all improvements
by the State of Texas) shall revert to the United States;

(2) reserve to the United States all minerals (including oil
and gas) in the lands conveyed ;

(3) provide that during any state of war or national emer-
gency and or six months thereafter, if the Secretary of Defense
determines that the property conveyed is useful or necessary for
national defense purposes, the United States may, without pay-
ment therefor, reenter such property and use all or any part of
it (including improvements by the State of Texas) but upon the

[Emphasis supplied.]

534

termination of such use such property shall revert to the State
of Texas ; and

(4) contain such additional terms, conditions, reservations,
and restrictions as may be determined by the Secretary of the
Army to be necessary to protect the interests of the United
States.

Approved August 30, 1954.

P.L. 716—68 Stat. 980-2

Authorizing the transfer of certain property of the United States Government
(in Klamath County, Oregon) to the State of Oregon.

Be it enacted, by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the General
Services Administration be, and is hereby, authorized to transfer to
the State of Oregon certain property of the United States Govern-
ment situated in Klamath County, Oregon, and described as fol-
lows: All that portion of the southwest quarter northwest quarter
and the southeast quarter northwest quarter of section 22, township
39 south, range 9 east, Willamette meridian, Klamath County,
Oregon, described as follows :

*******

There shall be reserved to the United States, in the conveyance of
the above-described lands, rights of ingress and egress over roads in
the above-described lands serving buildings or other works operated
by the United States or its successors or assigns in connection with
the Klamath project. There shall be further reserved in said lands
all rights-of-way for waterlines, sewer lines, telephone and telegraph
lines, powerlines, and such other utilities as now exist, or may
become necessary to the operation of said Klamath project.

Such conveyance shall contain a provision that said property shall
be used primarily for training of the National Guard or Air
National Guard and for other military purposes, and that, if the
State of Oregon shall cease to use the property so conveyed for the
primary purposes intended, then title thereto shall immediately
revert to the United States and, in addition, all improvements made
by the State of Oregon during its occupancy shall vest in the United
States without payment of compensation therefor.

Such conveyance shall contain the further provision, that when-
ever the Congress of the United States shall declare a state of war
or other national emergency, or the President declares a state of
emergency to exist, and upon the determination by the appropriate
Secretary that the property so conveyed is useful or necessary for
military, air, or naval purposes, or in the interest of national
defense, the United States shall have the right, without obligation to
make payment of any kind, to reenter upon the property and use the
same or any part thereof, including any and all improvements made
by the State of Oregon for the duration of such state of war or
other national emergency and upon the cessation thereof plus six

[Emphasis supplied.]

535

months said property is to revert to the State of Oregon together
with any or all facilities and improvements, appurtenances, and util-
ities thereon or appertaining thereto other than those hereinabove
reserved to the United States.

Sec. 2. The property herein transferred shall come within the pro-
visions of section 203 (k) (2) (D) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.,
484(k)(2)(D)).

Approved August 30, 1954.

84th Congress

P.L. 49—69 Stat. 68-70

To direct the Secretary of Uie Army to convey certain property located in
Austin, Travis County, Texas, to the State of Texas.

Be it enacted by the Senate and, House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to convey by quitclaim deed,
without consideration, to the State of Texas all right, title, and
interest of the United States, in and to the following-described land
in Austin, Travis County, Texas, together with all buildings, im-
provements thereon, and all appurtenances and utilities belonging
or appertaining thereto, such land including approximately one
hundred eighty-nine and eleven one-hundredths acres out of the
original two hundred acres known as the Camp Mabry Militia Rifle
Eange Tract, also referred to as the "old Deison Farm" :

*******

Sec. 2. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

Sec. 3. There shall be further reserved to the United States in the
conveyance of the above-described lands, rights of ingress and egress
over roads in the above-described lands serving buildings or other
works operated by the United States or its successors or assigns in
connection with the ten and eighty-nine one-hundredths acres referred
to in section 1 of this Act as the United States Air Force Reserve
training center parcel and the United States Army Reserve, for-
merly the Organized Reserve Corps armory parcel, rights-of-way
for water lines, sewer lines, telephone and telegraph lines, power-
lines, and such other utilities as now exist, or which may become
necessary to the operation of the above-described ten and eighty-nine
one-hundredths acres.

536

shall immediately revert to the United States, and in addition, all
improvements made during its occupancy by the State of Texas shall
vest in the United States without payment of compensation therefor.

Sec. 5. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon during
its occupancy by the State of Texas, for the duration of such state
of war or of such emergency. Upon the termination of such state of
war or of such emergency plus six months such property shall revert
to the State of Texas, together with all appurtenances and utilities
belonging or appertaining thereto.

Approved June 1, 1955.

P.L. 50—69 Stat. 70-1

To direct the Secretary of the Army to convey certain property located in Polk
County, Iowa, and described as Camp Dodge and Polk County Target Range,
to the State of Iowa.

Be it emwted by the Senate and House of Repr<-?enfntires of the
United States of America in Congress assembled. That the Secretary
of the Army is authorized and directed to convey by quitclaim deed,
without consideration, to the State of Iowa all right, title, and inter-
est of the United States, except as retained in this Act, in and to the
Camp Dodge Military Reservation, located in Polk County. Iowa,
comprising 1,848.32 acres, more or less, and Polk County Target
Range, Iowa, comprising 742.34 acres, more or less, both together
witli all buildings and improvements thereon, and all appurtenances,
easements, rights-of-way, and utilities belonging or appurtenant
thereto.

Sec. 2. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

• Sec. 3. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used for training
of the National Guard and for other military purposes, and that if
the State of Iowa shall cease to use the property so conveyed for the
purposes intended, then title "thereto shall immediately revert to the
United States and, in addition, all improvements made during its

[Emphasis supplied.]

537

occupancy by the State of Iowa shall vest in the United States with-
out payment of compensation therefor.

Sec. 4. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of national emergency, and
upon the determination by the Secretary of Defense that the prop-
erty conveyed under this Act is useful or necessary for military, air,
or naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon during
its occupancy by the State of Iowa, for the duration of such state of
war or of such national emergency. Upon the termination of such
state of war or of such national emergency plus six months such
property shall revert to the State of Iowa, together with all
appurtenances and utilities belonging or appertaining thereto.

Sec. 5. In consideration for the conveyance of the lands described
in the first section of this Act, the State of Iowa shall agree to use
for military purposes only and not to sell, convey, or otherwise dis-
pose of all or any part of certain lands (hereinafter called State
lands) and improvements thereon which are owned by the State of
Iowa and are used for National Guard purposes in connection with
Camp Dodge and Polk County Target Range as of the date of
enactment of this Act: Provided, That the improvements on such
lands which are now being used by the State of Iowa for other than
military purposes may continue to be used for such purposes so long
as such use does not interfere with the utilization of such lands for
military purposes. The State of Iowa further agrees that it will,
prior to delivery of the conveyance authorized herein, file with the
Office of the Division Engineer, Corps of Engineers, Farm Credit
Building, 206 South Nineteenth Street, Omaha, Nebraska, a descrip-
tion of and inventory of the State-owned property as defined herein.
In the event that the State of Iowa at any time shall breach the
agreement defined in this section, all right, title, and interest in and
to the property conveyed to the State of Iowa by the United States
under the provisions of this Act shall revert to the United States
without cost. The State shall further .agree that in the event that the
Congress of the United States declares a state of war or other
national emergency, or the President declares a state of national
emergency, the use of the State lands and improvements thereon, or
any part thereof, shall, upon request of the Secretary of Defense, be
used by the United States during such emergency without cost to the
United States.

Sec. 7. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the State of Iowa.

[Emphasis supplied.]

538

Sec. 8. The Secretary of the Army is authorized to determine and
enforce compliance with the conditions, reservations, and restrictions
contained in this Act and any related documents.

Approved June 1, 1955.

P.L. 52—69 Stat. 79

To provide for the conveyance of Jackson Barrack*, Lonlsiana, to the State of
Louisiana, and for other purposes.

Be it enacted by the Senate and Bouse of Representatives of the
United States of America in Congress assembled, That the Secre-
tary of the Army is authorized and directed to convey to the State
of Louisiana all the right, title, and interest of the United States in
and to so much of the real property comprising Jackson Barracks,
Louisiana, as is held by the State of Louisiana under lease numbered
W-766-QM-6117 and a license issued by the Secretary of the
Army on July 26, 1952, being in the aggregate one hundred four
and six one-hundredths acres, more or less, in Orleans and Saint
Bernard Parishes, Louisiana, together with improvements thereon,
and appurtenances thereunto belonging, the property to be used for
the training of the National Guard of Louisiana and for other mili-
tary purposes, and the conveyance to be made without monetary con-
sideration therefor, but subject to the reservation by the United
States of all mineral rights, including oil and gas; the right of reen-
try and use by the United States in the event of need therefor
during a national emergency; and the condition and limitation that
if the property shall fail or cease to be used for the training of the
National Guard of Louisiana or for other military purposes, the
title to the property so conveyed shall revert to and revest in the
United States, and, in addition, all improvements made during its
occupancy by the State of Louisiana shall vest in the United States
without payment of compensation therefor.

Sec. 2. The costs of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the State of Louisi-
ana.

Approved June 1, 1955.

P.L. 77— 69 Stat. 138-9

Authorizing the Secretary of the Interior to transfer certain property of the
United States Government (in the Wyoming National Guard Camp Guernsey
target and maneuver area, Platte County, Wyoming) to the State of Wyo-
ming.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Interior is hereby authorized and directed to transfer to the
State of Wyoming certain property of the United States Government
situated near Lake Guernsey, Platte County, Wyoming, described as
follows :

••*•**•

[Emphasis supplied.]

539

. . . Such property shall be conveyed, together with all buildings,
improvements thereon, and all appurtenances and utilities belonging
or appertaining thereto, and the Secretary of the Interior shall exe-
cute and deliver in the name of the United States in its behalf any
and all contracts, conveyances, or other instruments as may be neces-
sary to effectuate the said transfer: Provided, That there shall be
reserved to the United States all minerals, including oil and gas, in
said lands.

Such conveyance shall contain a provision that said property shall
be used primarily for training of the National Guard or Air
National Guard and for other military purposes, and that, if the
State of Wyoming shall cease to use the property so conveyed for
such purposes, then title thereto shall immediately revert to the
United States and, in addition, all improvements made by the State
of Wyoming during its occupancy shall vest in the United States
without payment of compensation therefor.

Such conveyance shall contain the further provision that whenever
the Congress of the United States shall declare a state of war or
other national emergency, or the President declares a state of
emergency to exist and upon the determination by the appropriate
Secretary that the property so conveyed is useful or necessary for mili-
tary, air, or naval purposes, or in the interest of national defense,
the United States shall have the right, without obligation to make
payment of any kind, to reenter upon the property and use the same
or any part .thereof , including any and all improvements made by
the State of Wyoming, or the duration of such state of war or other
national emergency, and upon the cessation thereof plus six months
said property is to revert to the State of Wyoming together with any
or all facilities and improvements, appurtences, and utilities thereon
or appertaining thereto.

Sec. 2. (a) Where lands described to be conveyed herein are being
used under valid outstanding United States grazing leases, the Sec-
retary of the Interior shall convey the lands only after he finds suit-
able provision, equitable to such lessees, has been made to compen-
sate them for losses resulting from the use of the lands for the
purposes of this Act and to assure them appropriate preference to
such future use of the lands for grazing as may be consistent with
the purposes of this Act.

(b) The Secretary of the Interior, at the earliest possible date
after the execution of the conveyance authorized by this Act, shall
issue a permit to the State of Wyoming allowing the State the free
use of the lands described below for the purposes described in the
first section of this Act and subject to adequate protection of the
lands for Federal purposes :

Lots 1, 2, 3, and 4, southwest quarter northeast quarter, southeast
quarter northwest quarter, northwest quarter southeast quarter,
southeast quarter southeast quarter section 1; lots 1, 2, 3, and 4,
south half northwest quarter, east half southwest quarter, southwest
quarter southeast quarter section 2; northeast quarter, northwest
quarter southeast quarter section 10; north half northeast quarter,
southwest quarter northeast quarter section 11; east half northeast

[Emphasis supplied.]

540

quarter, southwest quarter northeast quarter, west half southeast
quarter section 12; northwest quarter northeast quarter section 13.
all in township 27 north, range 67 west, southeast quarter section 35,
township 28 north, range 67 west, sixth principal meridian, State of
Wyoming.

Sec. 3. The State of Wyoming may dispose of interests and rights
in the land by lease, license and easement, provided that the exercise
of such rights and uses shall not impair the use of the land for the
purposes set out in the first section of this Act. Revenues derived
from such transactions by the State of Wyoming shall be expended
by the State for the protection, maintenance, and preservation of
such land for the purposes expressed in this Act and for the protec-
tion and preservation of the natural resources thereon. The United
States and the State of Wyoming shall share equally in any resid-
ual revenue beyond the cost for those purposes. All moneys to which
the United States is entitled under this Act shall be deposited in the
Treasury as miscellaneous receipts. The Secretary of the Interior
and the Secretary of the Army are authorized to enter into any nec-
essary agreements with the proper authorities of the State of Wyo-
ming for the purpose of carrying out the provisions of this Act.

Approved June 16, 1955.

P.L. 14d— 69 Stat. 293-4

To provide for the conveyance of a portion of the Fort Devens Military Reser-
vation, Massachusetts, to the Commonwealth of Massachusetts.

Be it enacted, by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized to convey to the Commonwealth of
Massachusetts all the right, title, and interest of the United States
in and to a tract of land comprising sixty-six acres, more or less,
together with buildings and improvements thereon, being a portion
of Fort Devens Military Reservation and being the same property
now utilized by the Massachusetts National Guard under a license
granted by the Secretary of the Army, subject, however, to reserva-
tion in the United States of all mineral rights, including gas and
oil, in the land authorized to be conveyed by this Act.

Sec. 2. The conveyance of the property identified in section 1 of
this Act to the Commonwealth of Massachusetts shall be made with-
out consideration therefor and upon condition that it shall be used
for training of the National Guard and the Air National Guard and
for other military purposes, and in the event it shall not be used for
such purposes title thereto shall immediately revert to the United
States, and, in addition, title to all improvements made by the Com-
monwealth of Massachusetts during its occupancy shall vest in the
United States without payment of compensation therefor. The deed
of conveyance shall also provide for such reservations and joint use
of facilities as the Secretary of the Army determines as necessary
for the use and maintenance of Fort Devens and contain the further
provision that whenever the Congress of the United States shall

[Emphasis supplied.]

541

declare a state of war or other national emergency, or the Presi-
dent declares a state of emergency to exist, and upon the determi-
nation by the Secretary of Defense that the property so conveyed is
useful or necessary for military, air. or naval purposes, or in the
interest of national defense, the United States shall have the right
without charge to reenter upon the property and use the same or any
part thereof, including any and all improvements made by the Com-
monwealth of Massachusetts, for a period not to exceed the duration
of such state of war or national emergency plus six months and upon
cessation of such use, such property shall revert to the Common-
wealth of Massachusetts, together with any or all improvements
thereon and appurtenances appertaining thereto.

Sec. 3. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the grantee.

Approved July 11, 1955.

P.L. 156—69 Stat. 300-1

To provide for the suspension of certain benefits in the case of members of the
reserve components of the Army, Navy, Air Force, and Marine Corps ordered
to extended active duty in time of war or national emergency, and for other
purposes.

Be it enacted by tke Senate and House of Representatives of the
United States of America in Congress assembled, That section 10 of
the Act of August 2, 1946 (60 Stat. 854), as amended, is further
amended by deleting the final period, inserting a colon in lieu
thereof, and adding the following new proviso: "Provided further,
That in the case of any member of the Naval or Marine Corps
Eeserve receiving a pension, retainer pay, disability compensation,
or retired pay from the Government of the United States by virtue
of prior military service who is ordered to extended active duty in
excess of thirty days in time of war or national emergency and is
found physically qualified to perform active duty, entitlement to the
pension, retainer pay, disability compensation, or retired pay shall
be suspended for the period of the extended active duty unless that
compensation is greater than the compensation specified in clause
(1) of this section. During the period of such suspension the member
shall receive compensation for such extended active duty as specified
in clause (1) of this section. Upon termination of the period of
extended active duty the pension, retainer pay, disability compensa-
tion, or retired pay of the member shall be resumed and paid as pro-
vided by law. The suspension herein provided shall not operate to
affect any other rights or benefits to which the member or his
dependents may be entitled under this or any other provision of
law."

Sec. 2. Section 2 of the Act of September 27, 1950 (ch. 1053, 64
Stat. 1067), is amended by inserting before the final period a colon
and the following proviso: "■Provided, That in the case of any such

[Emphasis supplied.]

24-509 O - 73 - 36

542

member receiving a pension, retirement pay, disability compensation,
or retired pay from the Government of the United States by virtue
of prior military service who is ordered to extended active duty for
a period in excess of thirty days in time of tear or national emer-
gency and is found physically qualified to perform active duty, enti-
tlement to the pension, retirement pay, disability compensation, or
retired pay shall be suspended for the period of the extended active
duty unless that compensation is greater than the compensation
specified in clause (1) of this section. During the period of extended
active duty the member shall receive the compensation for that duty
specified in clause (1) of this section. Upon termination of the
period of extended active duty the pension, retirement pay, disabil-
ity compensation, or retired pay of the member shall be resumed and
paid as provided by law. The suspension herein provided shall not
operate to affect any other rights or benefits to which the member or
his dependents may be entitled under this or any other provision of
law."

Sec. 3. Section 3 of the Act of September 27, 1950 (ch. 1053, 64
Stat. 1067), is hereby amended by changing the comma after "1947"
to a period and striking out the words "and shall terminate five
years after the date of approval of this Act."

Sec. 4. The term "disability allowance" is deleted from section 10
of the Act of August 2, 1946 (60 Stat. 854), as amended, and from
section 2 of the Act of September 27, 1950 (ch. 1053, 64 Stat. 1067).

Approved July 12, 1955.

P.L. 301—69 Stat. 592-3

To provide for the conveyance of a portion of the former O'Reilly General
Hospital, Springfield, Missouri, to the State of Missouri, and for other pur-
poses.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Adminis-
trator of General Services is authorized and directed, upon certifica-
tion to him by the Secretary of Defense and the Governor of Mis-
souri that the property described in section 2 of this Act is needed
for the training or support of the National Guard of Missouri, to
convey the property to the State of Missouri, by quitclaim deed,
without monetary consideration therefor, upon such terms and con-
ditions as the Administrator determines to be necessary to properly
protect the interest of the United States: Provided, however, That
such deed of conveyance by express terms shall —

a. reserve to the United States all mineral rights including
gas and oil;

b. reserve to the United States right of exclusive use without
charge therefor of such property together with any improve-
ments thereon during any period of national emergency.

c. specify that said property shall be used for the training of
the National Guard or for other military purposes, and in the
event of non-use for such purpose within a reasonable time as

[Emphasis supplied.]

543

determined by the Secretary of Defense or of discontinuance of
use for such purpose, shall, in its then existing condition
together with any improvements thereon, at the option of the
United States as determined and exercised by the Secretary of
Defense, revert to the United States.
Sec. 2. The real property to be conveyed to the State of Missouri
is described as follows:

A parcel of land in the city of Springfield, Green County, Mis-
souri, being a portion of the former O'Reilly General Hospital, and
beginning at a point 31 poles and 20 links south of the northwest
corner of northeast quarter of section 18, township 29, range 21, for
a point of true beginning; running thence south 661.3 feet to a
woven wire fence ; running thence east along said fence 66 poles and
18 links; running thence north 661.3 feet to a point 31 poles and 20
links south of the north line of the northeast quarter of section 18,
township 29, range 21 ; running thence west 66 poles and 18 links to
the point of true beginning, being 16.5 acres, more or less.

Sec. 3. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the State of Mis-
souri.

Approved August 9, 1955.

P.L. 410—70 Stat. 17-8

To direct the Secretary of the Army or his designee to convey a six and eighty-
nine one-hundredths acre tract of land out of a one hundred ninety-nine and
nine hundred fifty-nine one-thousandths acre tract of land situated in the
vicinity of Houston, Harris County, Texas, to the State of Texas.

Be it enacted by the Senate and Bouse of Representatives of the
United States of America in Congress assembled. That the Secretary
of the Army or his designee is authorized and directed to convey by
quitclaim deed, without consideration, to the State of Texas all
right, title, and interest of the United States, except as retained in
this Act, in and to six and eighty-nine one-hundredths acres of land
out of the P. W. Rose survey, abstract numbered 645 situated in
Harris County, Texas, and being a part of and out of the northwest
corner of a one hundred ninety-nine and nine hundred fifty-nine
one-thousandths acre tract of land out of the D. W. C. Harris
survey, abstract numbered 325, and the P. W. Rose survey, abstract
numbered 645, being known as the Veterans Hospital site and
having been acquired by the United States of America in condemna-
tion proceedings in civil action numbered 2430 in the cause entitled
United States of America against 209.01 acres of land situated in
Harris County, Texas, and R. S. Sterling, et al., in the District
Court of the United States for the Southern District of Texas,
Houston Division. . . .

*******

Sec. 2. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

544

Sec. 3. There shall be further reserved to the United States in the
conveyance of the above-described lands, rights of ingress and egress
over roads in the above-described lands serving buildings or other
works operated by the United States or its successors or assigns in
connection with the remaining portion of such one hundred ninety-
nine and nine hundred and fifty-nine one-thousandths acre tract of
land, rights-of-way for water lines, sewer lines, telephone and tele-
graph lines, power lines, and such other utilities which now exist, or
which may become necessary to any operations of the United State?
on or in connection with the remaining portion of said one hundred
ninety-nine and nine hundred and fifty-nine one-thousandths acre
tract of land.

Sec. 4. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used for training
of the National Guard and the Air National Guard and for other
military purposes, and that if the State of Texas shall cease to use
the property so conveyed for the purposes intended, then title thereto
shall immediately revert to the United States, and in addition, all
improvements made by the State of Texas during its occupancy shall
vest in the United States without payment of compensation therefor.

Sec. 6. In executing the deed of conveyance authorized by this
Act, the Secretary of the Army or his designee shall include specific
provisions covering the reservations and conditions contained in sec-
tions 2, 3, 4, and 5 of this Act.

Sec. 7. The cost of any surveys necessary as an incident to the
conveyance authorized herein shall be borne by the State of Texas

Approved February 15, 1956.

P.L. 413—70 Stat. 21-3

To amend an Act entitled "An Act to provide for the sale of the Port Newark
Army Base to the city of Newark, New Jersey, and for other purposes"
approved June 20, 1036, as amended. purposes

Be it enacted by the Senate and Bouse of Representatives of the
United btates of America in Congress assembled, That in view of
the national interest in the future maintenance and development of

[Emphasis supplied.]

545

the Port Newark Army Base as a marine terminal in good operating
■condition, and to encourage, by providing a sound economic basis
therefor, the investment by the Port of New York Authority, during
the remainder of its term as lessee of the premises of such sums for
maintenance, repair, rehabilitation, or reconstruction of wharves,
buildings, or other installations as may be necessary to provide and
maintain such a terminal, now therefore, the first section of the Act
entitled "An Act to provide for the sale of the Port Newark Army
Base to the city of Newark, New Jersey, and for other purposes",
approved June 20, 1936, as amended, is further amended by striking
out "And provided further, That such conveyance shall be made
lupon the condition that the United States, in the event of war or of
any national emergency declared by Congress to exist, shall have the
right to take over said property and shall pay to the city of Newark
as liquidated damages a sum equal to 3 per centum per annum on
the amount theretofore paid on the purchase price of the said prop-
erty by the said city during each year or part thereof that the said
property is occupied under such taking by the United States, the
said property to be returned to the city of Newark upon the expira-
tion of such war or national emergency", and inserting in lieu
thereof the following: "And provided further, That sucn convey-
ance shall be made upon the condition that the deed executed by the
Secretary of the Army shall include a provision prohibiting the city
of Newark from utilizing or allowing the property to be utilized for
purposes other than as a marine terminal and shall contain the
■express condition that whenever the Congress of the United States
■declares a state of war or other national emergency to exist, the
United States shall have the right, subject to the obligation to make
payments as hereinafter provided, to reenter the property and use
the same or any part thereof, including any and all improvements
made thereon during its occupancy by the city of Newark or its les-
sees, for the duration of such state of war or other national emer-
gency. If the property is not returned by the United States to the
city of Newark prior to the termination of such state of war or
■other national emergency, it shall revert to the city of Newark upon
the termination of such state of war or other national emergency.
During each year or part thereof that the said property is occupied
by the United States under a reentry during such state of war or
other national emergency, the United States shall pay to the city of
Newark or, if the property is then under lease, then to the city's
then lessee, a rental or rentals to be computed as follows :

*******
"The deed shall further provide that there shall be excluded from
consideration as part of the sums expended by others than the
United States any moneys that may be paid to the city of Newark
or its lessee by the United States in lieu of restoration, if any, of the
said property to be performed under any lease to the United States
of said property or as restoration costs incurred by the United
States, during any period of reentry as herein provided, regardless
of whether or not the funds are thereafter actually expended for
capital repair or improvement, or reconstruction or rehabilitation, of
the said property.

[Emphasis supplied.]

546

"The deed shall further provide that during any period of reentry
hereunder, the United States shall have the right to make additions,
alterations, modifications, or improvements to the property and that
such additions, alterations, modifications, or improvements placed in,,
upon, or attached to said property may be removed by the United
States prior to the return of the property to the city of Newark or
its lessee.

"Prior to or at the expiration of the state of war or other national
emergency during and on account of which the right to reenter said
property herein granted, is exercised, but not later than the expira-
tion thereof, the property shall be returned to the city of Newark or
if the property is then under lease, then to the city's then lessee:
Provided, however, That unless the United States shall return the
property and the wharves, buildings, structures, and installations
thereon and therein in the same condition as at the time of reentry
the fair and reasonable restoration costs (which costs shall include
the fair and reasonable costs of the reinstallation of any machinery,
equipment, or fixtures placed on the property prior to the reentry
and removed therefrom by or at the request of the United States
during the period of its occupancy), as agreed upon by the United
States and the city of Newark or if the property is then under lease,
then by the United States and the city's then lessee shall be allo-
cated between the United States and the city of Newark or its then
lessee as follows :

"(a) If the annual rent paid by the United States is computed in
accordance with subparagraph (1) hereinabove, then and in that
event the United States shall pay no part of such costs ;

"(b) If the annual rent paid by the United States is computed in
accordance with subparagraph (2) hereinabove, then and in that
event the United States shall pay to the city of Newark or if the
property is then under lease, then to the city's then lessee three-fifths
of such costs; and

"(c) If the annual rent paid by the United States is computed in
accordance with subparagraph (3) hereinabove, the United States
shall pay to the city of Newark or, if the property is then under
lease, then to the city's then lessee so much of the said costs as is the
same proportionate part of the total of such costs as the annual
paid by the United States (less $60,000) is of the annual fair rental
value.

"In the computation of restoration costs damage caused by reason-
able wear and tear, by action of the elements, or by circumstances
beyond the control of the United States other than acts of war or of
enemies of the United States, shall be excluded.

"If the United States and the city of Newark or its then lessee are
unable to agree on the fair and reasonable restoration costs, then
said costs shall be determined by the United States District Court in
and for the District of New Jersey in accordance with the provi-
sions of this Act and jurisdiction is conferred on that court for such
purpose."

Sec. 2. Nothing contained in this Act shall impair, or be construed
to impair, in any manner whatsoever, any other right or rights the
United States may now or hereafter possess to condemn, seize, lease,

547

or otherwise take over the property in accordance with the applica-
ble provisions of the laws of the United States.

Sec. 3. The Secretary of the Army is authorized to execute a sup-
plement to the contract of sale entered into with the city of Newark,
New Jersey, pursuant to the Act of June 20, 1936, in order to make
effective the amendments made to said Act by this Act, but, in any
event, the deed to be delivered to said city by the United States
upon receipt of the final payment of the purchase price shall con-
form to these amendments.

Approved February 18, 1956.

P.L. 428—70 Stat. 35-6

To release certain restrictions on certain real property heretofore granted to
the city of Charleston, South Carolina, by the United States of America.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That with respect
to the restrictions and conditions required by section 2 of the Act
entitled "An Act authorizing the Secretary of Commerce to convey
the Charleston Army Base Terminal to the city of Charleston,
South Carolina", approved May 27, 1936 (49 Stat. 1387), which
restrictions and conditions prohibited the city of Charleston from
transferring title to the property conveyed under that Act and
reserved a right to the United States to retake such property in the
event of a national emergency (and which restrictions and condi-
tions were included in deed executed pursuant to such Act, the Sec-
retary of the Army is hereby authorized, in exchange for a mini-
mum four hundred and seventy foot extension at the north end of
the existing one thousand foot reinforced concrete wharf of the
Charleston Transportation Depot, and the installation on the exten-
sion of rail trackage with necessary adjustments to connect with the
rail trackage of the existing wharf, to be constructed by the said
city of Charleston, South Carolina, or its lessee, the West Virginia
Pulp and Paper Company, in accordance with plans and specifica-
tions approved by the Secretary of the Army, to release to the city
of Charleston, South Carolina, by an appropriate written instru-
ment, such restrictions and conditions so far as they pertain to the
portion of the tract of land conveyed pursuant to such Act of May
27, 1936, which is commonly known as tract 12, and is more particu-
larly described as follows:

Beginning at a point in the west harbor line of the Cooper Kiver
(which point is south 41 degrees 31 minutes 30 seconds west a dis-
tance of 13.2 feet from the southernmost corner of the concrete dock,
formerly the dock of the Charleston Quartermaster Intermediate
Depot, and which point is the terminal point of the fourteenth call
in the deed dated 24 February 1950 from the City Council of
Charleston to West Virginia Pulp and Paper Company) ; thence north
48 degrees 28 minutes 30 seconds west 2,999.27 feet, along lands of the
West Virginia Pulp and Paper Company to a point which is distant

[Emphasis supplied.]

548

11.42 feet north 68 degrees 33 minutes east from an iron pipe;
thence north 69 decrees 00 minutes east a distance of 104.71 feet to a
point common to this tract, lands leased by the city of Charleston to
the North Carolina Terminal Company, and lands of the South Car-
olina State Ports Authority ; thence along lands of the South Caro-
lina State Ports Authority north 86 degrees 45 minutes 50 seconds
east 15.58 feet, north 88 degrees 32 minutes 20 seconds east 50.00
feet, south 87 degrees 23 minutes 40 seconds east 50.00 feet, south 82
degrees 42 minutes 40 seconds east 50.00 feet, south 76 degrees 46
minutes 40 seconds east 50.00 feet, south 70 degrees 20 minutes 40
seconds east 50.00 feet, south 64 degrees 09 minutes 40 seconds east
50.00 feet, south 30 degrees 44 minutes 40 seconds east 24.55 feet,
north 86 degrees 54 minutes 06 seconds east 374.48 feet, south 48
degrees 27 minutes 10 seconds east 899.77 feet, south 41 degrees 32
minutes 50 seconds west 25.00 feet, south 48 degrees 27 minutes 10
seconds east 1,494.83 feet to a point on the eastern edge of the con-
crete dock; thence along the eastern edge of the concrete dock south
41 degrees 31 minutes 30 seconds west approximately 483.0 feet to
the point of beginning and containing 30.75 acres, more or less.
Approved March 2, 1956.

P.L. 521— 7Q Stat. 156

To provide for the conveyance of Camp Livingston, Gamp Beauregard, and
Esler Field, Louisiana, to the State of Louisiana, and for other purposes.

Be it enacted by the Senate and Bouse of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed, if he determines that the
real property comprising Camp Livingston, Camp Beauregard, and
Esler Field, or any part thereof, is available for conveyance to the
State of Louisiana for the training and support of the National
Guard of Louisiana, to convey all the right, title, and interest of the
United States in such property, together with improvements thereon
and appurtenances thereunto belonging, to the State of Louisiana by
quitclaim deed, without monetary consideration therefor, but upon
condition that it shall be used for the aforesaid purposes and if such
real property shall ever cease to be used for such purposes, all the
right, title, and interest in and to such real property shall revert to
and become the property of the United States which shall have the
immediate right of entry thereon, and to be further subject to the
reservation by the United States of all mineral rights, including oil
and gas; the right of reentry and use by the United States in the
event of need therefor during a national emergency; and such other
reservations, restrictions, terms, and conditions as the Secretary
determines to be necessary to properly protect the interests of the
United States.

Sec. 2. The cost of any surveys necessary as an incident of the con-
veyance authorized herein shall be borne by the State of Louisiana.
Approved May 14, 1956.

[Emphasis supplied.]

549

P.L. 598—70 Stat. 296

Authorizing the conveyance of certain property of the United States to the
State of New Mexico.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to convey to the State of
New Mexico, all the right, title, and interest of the United States in
and to the fifty-one acres of land, more or less, of the former Bruns
General Hospital area in Santa Fe, New Mexico, now under license
to the State of New Mexico, the property to be used for the training
and support of the National Guard of New Mexico and for other
military purposes, and the conveyance to be made without monetary
consideration therefor, but upon condition that it shall be used for
the aforesaid purposes and that if such real property shall ever
cease to be used for such purposes, all the right, title, and interest in
and to such real property shall revert to and become the property of
the United States which shall have the immediate right of entry
thereon, and to be further subject to the reservation by the United
States of all mineral rights, including oil and gas ; the right of reen-
try and use by the United States in the event of need therefor
during a national emergency declared by the President or the Con-
gress, and such other reservations, restrictions, terms, and conditions
as the Secretary determines to be necessary to properly protect the
interests of the United States.

Sec. 2. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the State of New
Mexico.

Approved June 19, 1956.

P.L. 616—70 Stat. 335-6

To provide for the conveyance of certain lands of the United States to the city
of Saint Augustine, Florida, a municipal corporation organized and existing
under and by virtue of the laws of the State of Florida.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Treasury is authorized and directed to convey to the city of
Saint Augustine, Florida, a municipal corporation organized and
existing under and by virtue of the laws of the State of Florida, all
of the right, title, and interest of the United States in and to the
tracts of land more particularly described as follows :

All that certain five and eighty-two one-hundredths acres, more or
less, piece or parcel of land situate, lying and being in Anastasia
Island, in the County of Saint Johns in the State of Florida, . . .
*******

Sec. 3. The deed shall contain a covenant that no structure shall
be erected on the land which will in any way adversely affect the
operation of the Coast Guard facilities, and a, covenant that the

[Emphasis supplied.]

550

property shall be used as a public park and that in the event of
national emergency the property shall be available for use by the
Federal Government without compensation.
Approved June 25, 1956.

P.L. 618—70 Stat. 336-7

To provide for the conveyance of a portion of the former prisoner of war
camp, near Douglas, Converse County, Wyoming, to the State of Wyoming,
and for other purposes.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Adminis-
trator of General Services is authorized and directed, upon certifica-
tion to him by the Secretary of Defense and the Governor of Wyo-
ming that the property described in section 2 of this Act is needed
for the training or support of the National Guard of Wyoming, to
convey the property to the State of Wyoming, by quitclaim deed,
without monetary consideration therefor, upon such terms and con-
ditions as the Administrator determines to be necessary to properly
protect the interests of the United States: Provided, howecer, That
such deed of conveyance by express term shall —

(a) reserve to the United States all mineral rights including
gas and oil ;

(b) reserve to the United States right of exclusive use with-
out charge therefor of such property together with any
improvements thereon during any period of national emer-
gency, and

(c) specify that said property shall be used for the training
of the National Guard or for other military purposes, and in
the event of nonuse for such purpose, shall, in its then existing
condition together with any improvements thereon, at the option
of the United States as determined and exercised by the Secre-
tary of Defense, revert to the United States.

Sec. 2. The real property to be conveyed to the State of Wyoming
is described as follows :

*******

Sec. 3. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the State of Wyo-
ming.

Approved June 25, 1956.

P.L. 706—70 Stat. 536-7

To provide for (he conveyance of part of Ethan Allen Air Force Base, Colches-
ter, Vermont, to the State of Vermont, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Air Force is authorized and directed to convey to the State of

[Emphasis supplied.]

551

Vermont all right, title, and interest of the United States in and to
certain land comprising a part of the Ethan Allen Air Force Base,
together with improvements thereon, and appurtenances thereto
belonging; such property being more particularly described as fol-
lows:

*******

Sec. 2. The property authorized to be conveyed by the first section
of this Act shall be used for the training of the National Guard of
Vermont and for other military purposes, and the conveyance
authorized herein shall be made without monetary consideration
therefor, but shall be subject to the reservation by the United States
of all mineral rights, including oil and gas ; the right of reentry and
use by the United States in the event of need therefor during a na-
tional emergency declared by the President or the Congress; and
the condition and limitation that if the property shall fail or cease
to be used for the training of the National Guard of Vermont or for
other military purposes, the title to the property so conveyed shall
revert to and revest in the United States, and all improvements
made thereon during its occupancy by the State of Vermont shall
vest in the United States without payment of compensation therefor.

Sec. 3. The costs of any surveys necessary as an incident of the
conveyance authorized herein shall be borne by the State of
Vermont.

Approved July 14, 1956.

P.L. 719—70 Stat. 550-1

To direct the Secretary of the Army or his designee to convey an eleven and
one-fourth acre tract of land situated in the vicinity of Williamsburg, Vir-
ginia, to the State of Virginia.

Be it enacted by the Senate and Howe of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army or his designee is authorized and directed to convey by
quitclaim deed, without consideration, to the State of - Virginia, all
right, title, and interest of the United States, except as retained in
this Act, in and to eleven and one-fourth acres of land situated in
York County, Virginia, and being a part of the lands at the Armed
Forces Experimental Training Activity, Camp Peary, Near Wil-
liamsburg, Virginia. The eleven and one- fourth acre tract of land to
be conveyed to the State of Virginia is more particularly described
as follows :

*******

Sec. 2. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

[Emphasis supplied.]

552

Forces Experimental Training Activity, Camp Peary, near Wil-
liamsburg, Virginia, rights-of-way for water lines, sewer lines, tele-
phone and telegraph lines, power lines, and such other utilities
which now exist, or which may become necessary to any operations
of the United States on or in connection with the remaining portion
of said lands at the Armed Forces Experimental Training Activity,
Camp Peary, near Williamsburg, Virginia.

Sec. 4. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used for training
of the National Guard and for other military purposes, and that if
the State of Virginia shall cease to use the property so conveyed for
the purposes intended, then title thereto shall immediately revert to
the United States, and in addition, all improvements made by the
State of Virginia during its occupancy shall vest in the United
States without payment of compensation therefor.

Sec. 5. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon by the
State of Virginia, .for the duration of such state of war or of such
emergency. Upon the termination of such state of war or such emer-
gency plus six months, such property shall revert to the State of
Virginia, together with all appurtenances and utilities belonging or
appertaining thereto.

Sec. 7. The cost of any surveys necessary as an incident to the
conveyance authorized herein shall be borne by the State of Vir-
ginia.

Approved July 14, 1956.

P.L. 729—70 Stat. 577

To provide for the conveyance of certain lands by the United States to the
State of Wisconsin.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to convey to the State of
Wisconsin all the right, title, and interest of the"United States in
and to the real property described in section 2 of this Act, the prop-
erty to be used for the training and maintaining of units of the
Wisconsin National Guard, and the conveyance to be made without

[Emphasis supplied.]

553

monetary consideration therefor, but upon condition that it shall be
used for the aforesaid purposes and that if such real property shall
ever cease to be used for such purposes, all the right, title, and inter-
est in and to such real property shall revert to and become the prop-
erty of the United States, which shall have the immediate right of
entry thereon, and to be further subject to the reservation by the
United States of all mineral rights, including oil and gas ; the right
of reentry and use without payment of rent or other compensation
by the United States in the event of need therefor during a national
emergency declared by the Congress or the President o f the United
States; and such other reservations, restrictions, terms, and condi-
tions as the Secretary determines to be necessary to properly protect
the interests of the United States.

Sbo. 2. (a) The La Crosse National Guard Target Range, located
near La Crosse, Wisconsin, in La Crosse County, Wisconsin, more
particularly described as follows :

• »**»**

Approved July 18, 1956.

P.L. 740—70 Stat. 590

To provide for the release of the right, title, and interest of the United States
in a certain tract or parcel of land conditionally granted by it to the city of
Montgomery, West Virginia.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized to modify by appropriate written instru-
ment the exception and reservation to the United States of America
in the deed executed by the Secretary of War on December 13, 1938,
pursuant to the Act of Congress approved June 14, 1938 (52 Stat.
675), of the perpetual right to flood such part of the eight and
three-tenths acres conveyed to the town of Montgomery, West Vir-
ginia, as may be necessary from time to time in the interests of navi-
gation so as to limit such exception and reservation to the portion of
the eight and three-tenths acres located below elevation 619 feet,
mean sea level, and to release by appropriate written instrument to
the city of Montgomery, West Virginia, such restrictions and condi-
tions imposed by section 2 of said Act of June 14, 1938, and
included in the deed granted pursuant thereto : Provided, That any
release by the Secretary of the Army of the restrictions and condi-
tions imposed by section 2 of said Act of June 14, 1938, shall be
effective only in the event the land described in such Act is conveyed
to the State of West Virginia within one year from the date of
enactment of this Act on condition that it shall be used for National
Guard or other military purposes.

If the State of West Virginia shall cease to use the property for
the purpose intended then the title thereto shall immediately revert
to the United States and, in addition, all improvements made by the
State of West Virginia during its occupancy shall vest in the United
States without payment or compensation therefor.

[Emphasis supplied.]

554

The conveyance of the property authorized by this Act shall be
upon the further provision that whenever the Congress of the
United States declares a state of war or other national emergency,
or the President declares a state of emergency, and upon the deter-
mination by the Secretary of Defense that the property conveyed
under this Act is useful or necessary for military, air, or for naval
purposes, or in the interest of national defense, the United States
shall have the right, without obligation to make payment of any
kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon by the
State of West Virginia, for the duration of such state of war or of
such emergency. Upon the termination of such state of war or of
such emergency, plus six months, such property shall revert to the
State of West Virginia, together with all appurtenances and utilities
belonging or appertaining thereto. _

All mineral rights, including gas and oil, in the lands authorized
by thi9 Act shall be reserved to the United States.

The cost of any surveys necessary as an incidence to the convey-
ance authorized herein shall be borne by the State of West Virginia.

Approved July 20, 1956.

P.L. 819—70 Stat. 698

To direct the Secretary of the Army or his designee to convey a three-acre
tract of land, situated about six miles south of the city of San Antonio, in
Bexar County, Texas, to the State of Texas.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That the Secretary
of the Army or his designee is authorized and directed to convey by
quitclaim deed, without consideration, to the State of Texas all
right, title, and interest of the United States, except as retained in
this Act in and to the following described land formerly designated
as the Department of Agriculture San Antonio Nursery Site, with
all buildings, improvements thereon, and all appurtenances and util-
ities belonging or appertaining thereto :

A certain tract of land, situated in the county of Bexar, and State
of Texas, containing three acres, said tract being situated in the
southwest corner of a tract of land containing two hundred and five
acres heretofore conveyed to G. W. Ware and R. F. Moore, out of
what is known as the Manuel Leal Survey located about six miles
south of the city of San Antonio; . . .

*******

Sec. 2. All mineral rights, including oil and gas, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

Sec. 3. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used primarily
for training of the National Guard and for other military purposes,
and that if the State of Texas shall cease to use the property so con-

[Emphasis supplied.]

555

veyed for the purposes intended, then title thereto shall immediately
revert to the United States, and in addition, all improvements made
by the State of Texas during its occupancy shall vest in the United
States without payment of compensation therefor.

Sec. 4. Nothing in this Act shall prevent the State of Texas from
disposing of or salvaging the improvements now located on the land
to be conveyed.

Sec. 5. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon by the
State of Texas for the duration of such state of war or of such
emergency. Upon the termination of such state of war or of such
emergency plus six months such property shall revert to the State of
Texas, together with all appurtenances and utilities belonging or
appertaining thereto.

Sec. 6. In executing the deed of conveyance authorized by this
Act, the Secretary of the Army or hi9 designee shall include specific
provisions covering the reservations and conditions contained in sec-
tions 2, 3, 4, and 5 of this Act.

Approved July 27, 1956.

P.L. 872—70 Stat. 793

To provide for the conveyance to the State of Oregon of the land and improve-
ments known as the Clackamas National Guard target range, at Clackamas,
Oregon, to be used for National Guard purposes.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized to convey to the State of Oregon all the
right, title, and interest of the United States in and to a tract of
land in Clackamas County, Oregon, comprising two hundred thirty-
three and ninety-one one-hundredths acres, more or less, together
with buildings and improvements thereon, being the same property
now utilized by the State of Oregon National Guard as a firing
range and storage depot, subject, however, to reservation in the
United States of all mineral rights, including gas and oil, in the
land authorized to be conveyed by this Act.

Sec. 2. The conveyance of the property identified in section 1 of
this Act to the State of Oregon shall be made without consideration
therefor and upon condition that it shall be used for military pur-
poses only, and in the event it shall not be used for such purposes
title thereto shall immediately revert to the United States, and, in

[Emphasis supplied.]

556

addition, title to all improvements made by the State of Oregon
during its occupancy shall vest in the United States without pay-
ment of compensation therefor. The deed of conveyance shall con-
tain the further provision that whenever the Congress of the United
States shall declare a state of war or other national emergency, or
the President declares a state of emergency to exist, and upon deter-
mination by the Secretary of Defense that the property so conveyed
is useful or necessary for military, air, or naval purposes, or in the
interest of national defense, the United States shall have the right,
without payment of any kind, to reenter upon the property and use
the same or any part thereof, including any and all improvements
made by the State of Oregon, for a period not to exceed the dura-
tion of such state of war or national emergency plus six months, and
upon cessation of such use, such property shall revert to the State of
Oregon, together with any or all improvements thereon and appurte-
nances appertaining thereto.

Sec. 3. The cost of any surveys necessary as an incident of the
conveyance authorized herein shall be bome by the grantee.

Approved August 1, 1956.

85th Congress

P.L. 46—71 Stat. 46-8

To amend the Act for the retirement of public-school teachers in'the District
of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act enti-
tled "An Act for the retirement of public school teachers in the Dis-
trict of Columbia", approved August 7, 1946 (60 Stat. 875, chapter
779) , as amended, is amended as follows :

*******

Section 8, as amended, is amended by striking item (d) from the
second sentence thereof and inserting in lieu thereof, "(d) periods of
honorable active service in the Army, Navy, Air Force, Marine
Corps, or Coast Guard of the United States (but not the National
Guard except when ordered to active duty in the service of the
United States) prior to the date of the separation upon which title
to annuity is based ; except that, if a teacher is awarded retired pay
on account of military service, his military service shall not be
included, unless such retired pay is awarded on account of a serv-
ice-connected disability (1) incurred in combat with an enemy of the
United States or (2) caused by an instrumentality of war and
incurred in line of duty during an enlistment or employment as pro-
vided in Veterans Regulation Numbered 1 (a), part 1, paragraph 1,
or is awarded under title III of Public Law 810, Eightieth Con-
gress."; by striking from the fourth proviso thereof the words "in

[Emphasis supplied.]

557

time of war"; by inserting the words "Air Force" after the word
"Navy" in item (e) of the second sentence of section 8; and by
adding at the end of section 8 the following paragraphs :

"A teacher who during the period of any war or of any national
emergency as proclaimed by the President or declared by the Con-
gress, has left or leaves his position to enter the military service, as
defined in this section, shall not be considered, for the purposes of
this Act, as separated from his teaching position by reason of such
military service, unless he shall apply for and receive a lump-sum
benefit under this Act, except that such teacher shall not be consid-
ered as retaining his teaching position beyond six months after the
date of the approval of this Act or the expiration of five years of
such military service, whichever is later.

"Nothing in this Act shall affect the right of a teacher to retired
pay, pension, or compensation in addition to the annuity herein pro-
vided."

*******

Approved June 4, 1957.

P.L. 157—71 Stat. 391

To provide for the retirement of officers and members of the Metropolitan
Police force, tiie Fire Department of the District of Columbia, the United
States Park Police force, the White House Police force, and of certain
officers and members of the United States Secret Service, and for other pur-
poses.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Policemen and Firemen's Retirement and Disability
Act amendments of 1957"-

Sec. 2. It is the intent of Congress in enacting the Policemen and
Firemen's Retirement and Disability Act Amendments of 1957 to
give the members coming under such Act benefits substantially simi-
lar to benefits given by the Civil Service Retirement Act Amend-
ments of 1956 to officers and employees covered by the Civil Service
Retirement Act of May 29, 1930, as amended.

*******

"creditable service

"(c) (1) A member's service for the purposes of this section shall
mean all police or fire service and such military and Government
service as is authorized by this section prior to the date of separa-
tion upon which title to annuity is based.

"(2) Each member shall be allowed credit for periods of military
service served prior to the date of the separation upon which the
annuity is based; however, if a member is awarded retired pay on
account of military service, such military service shall not be
included unless such retired pay is awarded on account of a service-
connected disability (a) incurred in combat with an enemy of the

[Emphasis supplied.]

558

United States or (b) caused by an instrumentality of war and
incurred in line of duty during an enlistment or employment as pro-
vided in Veterans Regulation numbered 1(a), part I, paragraph I,
or is awarded under title III of Public Law 810, Eightieth Con-
gress. Nothing in this section shall affect the rights of members to
retired pay, pension, or compensation in addition to the annuity
herein provided.

"(3) Credit shall be allowed for leaves of absence granted a
member while performing military service, excluding from credit so
much of any other leaves of absence without pay as may exceed six
months in the aggregate in any calendar year.

"(4) A member who, during any war or national emergency as
proclaimed by the President or declared by the Congress, has left
or leaves his position to enter the military service shall not be consid-
ered, for the purposes of this section, as separated from his position
by reason of such military service, unless he shall apply for and
receive his salary deductions : Provided, That such member shall not
be considered as retaining such position beyond December 31, 1957,
or the expiration of five years of such military service, whichever i=
later.

*******

Approved August 21, 1957.

P.L. 185—71 Stat. 467

To provide for the conveyance to the State of Maine of certain lands located
in. such State.

Be it enacted by the Senate and Bouse of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy is authorized to convey, by quitclaim deed and without
consideration, to the State of Maine, for vocational or other school
purposes, all right, title, and interest of the United States, except
as provided in this Act, in and to the lands comprising the Fc+
Preble Military Reservation, South Portland, Maine, together with
all buildings and other improvements located thereon, except that
the part of Fort Preble Military Reservation over which the Depart-
ment of the Air Force exercises jurisdiction, together with all build-
ings and other improvements located thereon shall not be conveyed
by the aforesaid deed.

Sec. 2. The deed effecting the conveyance authorized by the first
section of this Act shall provide —

(a) that the State of Maine agrees to use the property only
for vocational or other school purposes and in the event that
such lands cease to be used for such purposes, all right, title,
and interest therein shall immediately revert to and revest in
the United States ;

(b) that during any state of war or national emergency and
for six months thereafter, if the Secretary of Defense deter-

[ Emphasis supplied.]

559

mines that such lands are useful or necessary for national
defense purposes the United States may, without payment there-
for, reenter such lands and use all or any part thereof (includ-
ing improvements thereon), but upon the termination of such
use such land9 shall revert to the State of Maine ; and

(1) to maintain the entire property in a condition suita-
ble for immediate use by the Department of Defense in the
event of mobilization ;

(2) to retain all structures and improvements except for
removal which may be requested by the State of Maine and
approved by the Commandant, First Naval District.

Sec. 3. In addition to conditions provided for in section 2 of this
Act, the Secretary of the Navy shall impose such other conditions
and such exceptions and reservations as he determines to be neces-
sary, or desirable to safeguard the interests of the United States and
to insure that such lands will be used for the purpose for which they
are conveyed.

Approved August 28, 1957.

P.L. 204—71 Stat. 478-9

To provide for the conveyance of Esler Field, Louisiana, to the parish of
Rapides in the State of Louisiana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, subject to
sections 2 and 3, the Secretary of the Army shall convey, without
monetary consideration, to the parish of Rapides in the State of
Louisiana, all the right, title, and interest of the United States in
and to the real property comprising Esler Field, Louisiana, . . .
*******

Sec. 2. The conveyance authorized by this Act shall —

(1) reserve to the United States all mineral rights, including
gas and oil, in the property authorized to be conveyed by this
Act;

(2) contain such other reservations, restrictions, terms, and
conditions as the Secretary of the Army determines to be neces-
sary to properly protect the interests of thei United States,
including (a) the nonexclusive use of the airport by transient
military aircraft without charge; (b) the nonexclusive use of
the airport by military aircraft without charge during periods
of maneuvers in Louisiana; (c) the continued nonexclusive use
of the airport, without charge, by the Louisiana National
Guard; and (d) the continued use of space at the airport, with-
out charge, by the Louisiana National Guard ; and

(3) provide for a reverter to the United States at the election
of the Secretary of the Army, for the breach of any of the
terms and conditions by the parish of Rapides, its successors
and assigns.

560

Sec. 3. The conveyance authorized by this Act shall be upon con-
dition that —

(1) such property shall be used as a civil airport, and

(2) whenever the Congress of the United States declares a
state of war or other national emergency, or the President
declares a state of emergency, and upon the determination by
the Secretary of Defense that the property conveyed under this
Act is useful or necessary for military, air, or naval purposes,
or in the interest of national defense, the United States shall
have the right, without obligation to make payment of any
kind, to re-enter upon the property and use the same or any
part thereof, including any and all improvements made thereon
by the parish of Rapides, for the duration of such state of war
or of such emergency. Upon the termination of such state of
war or of such emergency, plus six months, such property shall
revert to the parish of Rapides.

Sec. 4. The first section of the Act entitled "An Act to provide for
the conveyance of Camp Livingston, Camp Beauregard and Esler
Field, Louisiana, to the State of Louisiana, and for other purposes",
approved May 14, 1956 (70 Stat. 156; Public Law Numbered 521,
Eighty-fourth Congress) is amended by striking out "Camp Liv-
ingston, Camp Beauregard, and Esler Field, Louisiana" and insert-
ing in lieu thereof "Camp Livingston and Camp Beauregard, Loui-
siana".

Approved August 28, 1957.

P.L. 205—71 Stat. 479-80

To provide for the conveyance of Esler Field, Louisiana, to the parish of Bap-
ides in the State of Louisiana, and for other purposes.

Sec. 4. The first section of the Act entitled "An Act to provide for
the conveyance of Camp Livingston, Camp Beauregard and Esler
Field, Louisiana, to the State of Louisiana, and for other purposes",
approved May 14, 1956 (70 Stat. 156; Public Law Numbered 521.
Eighty-fourth Congress) is amended by striking out "Camp Liv-
ingston, Camp Beauregard, and Esler Field, Louisiana" and insert-
ing in lieu thereof "Camp Livingston and Camp Beauregard, Loui-

Approved August 28, 1957.
[Emphasis supplied.]

561

P.L. 236—71 Stat. 516-7

To provide for the conveyance to the State of California a portion of the prop-
erty known as Veterans' Administration Center Reservation, Los Angeles,
California, to be used for National Guard purposes

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Adminis-
trator of General Services is authorized and directed to convey to
the State of California all right, title, and interest of the United
States in and to a parcel of land comprising three and eighty-five
one-hundredths acres, more or less, being that parcel of land front-
ing approximately four hundred nineteen and fifty-two one-hun-
dredths feet on Federal Avenue set aside for a proposed National
Guard Armory and now a portion of the Veterans' Administration
Reservation, Los Angeles, California, subject, however, to the condi-
tions and restrictions set forth in section 2 of this Act.

Sec. 2. The conveyance authorized by this Act shall be made with-
out monetary consideration therefor but upon condition that the
property shall be used for training of the National Guard and for
other military purposes, and in the event it shall not be used for
such purposes title thereto shall immediately revert to the United
States, and, in addition, title to all improvements (except those
improvements which the State of California removes at its own
expense within a reasonable time after title to such property has
reverted to the United States) made by the State of California
during its occupancy shall vest in the United States without pay-
ment of compensation therefor. The deed of conveyance shall reserve
to the United States all mineral rights, including gas and oil, and
contain the further provision that whenever the Congress of the
United States declares a state of war or other national emergency,
or the President declares a state of emergency, and upon determina-
tion by the Secretary of Defense that the property conveyed is
useful or necessary for military, air, or naval purposes, or in the
interest of national defense, the United States shall have the right,
without obligation to make payment of any kind, to reenter upon
the property and use the same or any part thereof, including any
and all improvements made by the State of California, for a period
not to exceed the duration of such state of war or national emer-
gency plus six months, and upon cessation of such use the property
shall revert to the State of California, together with any or all
improvements thereon and appurtenances appertaining thereto.

Sec. 3. The cost of any surveys necessary as an incident to the
conveyance authorized herein shall be borne by the grantee.

Approved August 30, 1957.

[Emphasis supplied.]

562

P.L. 258—71 Stat. 580-3

To direct the Secretary of the Navy or his designee to convey a two thousand
four hundred seventy-seven and forty-three one-hundredths acre tract of
land, avigatlon, and sewer easements in Tarrant and Wise Counties, Texas,
situated about twenty miles northwest of the dry of Fort Worth, Texas, to
the State of Texas.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy or his designee is authorized and directed to convey by
quitclaim deed,, without consideration, to the State of Texas aU
right, title, and interest of the United States, except as retained in
this Act, together with all buildings, improvements thereon with
related personal property, all appurtenances, runways, and utilities
belonging or appertaining thereto, of the former United States
Marine Corps Air Station, Eagle Mountain Lake, Texas, . . .
*******

Sec. 4. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used primarily
for training of the National Guard and the Air National Guard and
for other military purposes, and on condition that the aviation
potential of the station shall be maintained in a condition equivalent
to the condition of the property at the time of its conveyance, ordi-
nary wear and tear excepted, and that if the State of Texas shall
cease to use the property so conveyed for the purposes intended, oi
fails to maintain such property in the condition aforesaid, then title
shall immediately revert to the United States, and in addition, all
improvements made by the State of Texas during its occupancy
shall vest in the United States without payment of compensation
therefor.

Sec. 5. Nothing in this Act shall prevent the State of Texas from
disposing of or salvaging buildings and improvements now located
on the land to be conveyed, or leasing, licensing or granting ease-
ments into and on the lands and improvements, except that the exer-
cise of such rights shall not impair the use of the lands and
improvements for the purpose set forth in section 4 of this Act,
including preservation of the aviation potential of the property and
that any revenues derived from such disposal, salvaging, leasing,
licensing, or granting of easements shall be expended solely by the
State of Texas for the protection, maintenance, and operation of the
facility as a training center.

[Emphasis supplied.]

563

State of Texas, for the duration of such state of war or of such
emergency. Upon termination of such state of war or such emergency
plus six months such property shall revert to the State of Texas,-
together with all appurtenances and utilities belonging or appertain-
ing thereto.

Sec. 7. In executing the deed of conveyance authorized by this
Act, the Secretary of the Navy or his designee shall include specific
provisions covering the reservations and conditions contained in sec-
tions 2, 3, 4, 5, and 6 of this Act and such other terms and condi-
tions, including joint use by the Government on a noninterference
basis, not inconsistent with the provisions of this Act, as the Secre-
tary of the Navy deems necessary in the interest of the United
States.

Sec. 8. The cost of any surveys necessary as an incident to the
conveyance authorized herein shall be borne by the State of Texas.
Approved September 2, 1957.

P.L. 260—71 Stat. 584-7

To further amend the Act entitled "An Act to authorize the conveyance of a
portion of the United States military reservation at Fort Schuyler, New
York, to the State of New York for use as a maritime school, and for other
purposes", approved September 5, 1950, as amended.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled, That the first sec-
tion of the Act entitled "An Act to authorize the conveyance of a
portion of the United States military reservation at Fort Schuyler,
New York, to the State of New York for use as a maritime school,
and for other purposes", approved September 5, 1950 (Public Law
755, Eighty-first Congress), as amended July 16, 1952 (Public Law
559, Eighty-second Congress) , is hereby amended to read as follows :
"That the Secretary of the Army is authorized to convey to the
people of the State of New York all that portion of the United
States military reservation at Fort Schuyler, in the borough and
county of Bronx in the city of New York, State of New York,
together with all improvements thereon, . . .

*******
Sec. 3. Section 3 of the Act is amended to read as follows :
"Sec. 3. Such conveyance shall contain the further provision that
during any emergency declared by the President or the Congress
of the United States in existence at the time of enactment of this
Act, or whenever the President or the Congress of the United
States declares a state of war or other national emergency, and
upon the determination by the Secretary of the Army, the Secretary of
the Navy, or the Secretary of the Air Force that the property so con-
veyed is useful for military, air, or naval purposes or in the interest
of national defense, the United States shall have the right, without
charge, except as indicated below, to the full unrestricted possession,
control, and use of the property conveyed, or any part thereof,

[Emphasis supplied.]

564

including any additions or improvements thereto made by the State
subsequent to this conveyance : Provided, however, That the United
States shall be responsible during the period of such use for the
entire cost of maintaining all of the property so used, and shall pay
a fair rental for the use of any structures or other improvements
which have been added thereto without Federal aid: And provided
further, That such right to possession, control, or use shall not apply
to the property described in section 2 of this Act or to such bridge
or to any structures or improvements used or useful in connection
therewith and with respect thereto the United States shall have only
such right as it may have with respect to other property not owned
by the United States."

Sec. 4. The Act is amended by adding thereto a new section, num-
bered 6, reading as follows :

"Sec. 6. The Secretary of the Army is hereby authorized and
directed to incorporate the foregoing provisions of this Act in any
conveyance made by him or, if a conveyance has been made by him
prior to the amendment of this Act, he shall make, execute, and
deliver an appropriate written instrument amending such convey-
ance to conform to the provisions of this Act."

Approved September 2, 1957.

P.L. 545—72 Stat. 401

Directing the Secretary of the Navy to convey certain land situated in the
State of Virginia to the Board of Supervisors of York County, Virginia.

Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy is authorized and directed to convey, by quitclaim deed,
to the Board of Supervisors of York County, Virginia, for park and
recreational purposes, all right, title, and interest of the United
States in and to that tract of land situated in York County, Vir-
ginia, described as parcel numbered 202 on the property map,
United States Naval Construction Training Center, York and James
City Counties, Virginia, and consisting of three hundred acres more
or less.

Sec. 2. The conveyance authorized by this Act shall be conditional
upon the Board of Supervisors of York County, Virginia, paying to
the Secretary of the Navy, as consideration for the tract of land
conveyed under the provisions of this Act, an amount equal to 50
per centum of its fair market value as determined by the Secretary
of the Navy after appraisal of such tract.

Sec. 3. The cost of any surveys and appraisals necessary as an
incident to the conveyance authorized herein shall be borne by the
Board of Supervisors of York County, Virginia.

Sec. 4. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

Sec. 5. The conveyance of the property authorized by this Act
shall be upon condition that such property shall be used for park

565

and recreational purposes, and that if the Board of Supervisors of
York County, Virginia, shall cease to use the property so conveyed
for the purposes intended, then title thereto shall immediately revert
to the United States.

Sec. 6. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right to reenter upon the property and use the
same or any part thereof, including any and all improvements made
thereon by the Board of Supervisors of York County, Virginia, for
the duration of such state of war or of such emergency. Upon the
termination of such state of war or such emergency plus six months,
such property shall revert to the Board of Supervisors of York
County, Virginia, together with all appurtenances and utilities
belonging or appertaining thereto.

Sec. 7. In executing the deed of conveyance authorized by this ■
Act, the Secretary of the Navy or his designee shall include specific
provisions covering the reservations and conditions contained in sec-
tions 3, 4, 5, and 6 of this Act.

Approved July 22, 1958.

P.L. 548—72 Stat. 403-^t

To direct the Secretary of the Army to convey certain property located at
Boston Neck, Narragansett, Washington County, Rhode Island, to the State
of Rhode Island.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to convey by quitclaim deed,
without consideration, to the State of Ehode Island all right, title,
and interest of the United States, except as retained in this Act, in
and to a tract of land located a Boston Neck, Narragansett, Wash-
ington County, Rhode Island, together with all buildings and
improvements thereon, and all appurtenances and utilities belonging
or appertaining thereto, such land including approximately thirty-
three and seventy-nine one-hundredths acres and formerly desig-
nated as Fort Varnum, as shown on maps on file with the Office of
the Chief of Engineers, and being the same property now utilized
by the Rhode Island National Guard under a license granted by the
Secretary of the Army.

Sec. 2. All mineral rights in the lands authorized to be conveyed
by this Act shall be reserved to the United States.

[Emphasis supplied.]

566

so conveyed for the purposes intended, then title thereto shall imme-
diately revert to the United States, and in addition all improve-
ments made by the State of Rhode Island during its occupancy shall
vest in the United States without payment of compensation therefor.

Sec. i. The conveyance of the property authorized by this Act
shall be upon the further provision that whenever the Congress of
the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this Act is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including any and all improvements made thereon by the
State of Rhode Island, for a period not to exceed the duration of
such state of war or national emergency plus six months. Upon the
termination of such use the property shall revert to the State of
Rhode Island, together with any or all improvements thereon and
appurtenances appertaining thereto.

Sec. 5. In executing the deed of conveyance authorized by this
Act, the Secretary of the Army shall include specific provisions cov-
ering the reservations and conditions contained in sections 2, 3, and
4 of this Act.

Approved July 22, 1958.

P.L. 799—72 Stat. 965

To provide tor the conveyance of certain land of the United States to the
State Board of Education of the State of Florida.

Be it enacted by the Senate and House of Representative* of the
United States of American in Congress assembled, That the Secre-
tary of the Air Force is authorized and directed to convey to the
State Board of Education of the State of Florida all of the right,
title, and interest of the United States in and to the real property
described in section 2 of this Act. The deed effecting the conveyance
authorized by this section shall provide —

(a) that the State Board of Education of the State of Flor-
ida agrees to use the property only for recreational camp or
other public purposes and in the event that such lands cease to
be used for such purposes, all right, title, and interest therein
shall immediately revert to and revest in the United States;

(b) that during any state of war or national emergency and
for six months thereafter, if the Secretary of Defense deter-
mines that such lands are useful or necessary for national
defense purposes the United States may, without payment there-
for, reenter such lands and use all or any part thereof (includ-
ing improvements thereon), but upon the termination of such
use such lands shall revert to the State of Florida;

(c) that no structure, the height of which is in excess of 75
feet above the low water level, shall be constructed upon tho
property;

[Emphasis supplied.]

567

(d) that the State of Florida shall waive any and all claim
for damages which may result to the property from Air Force
operations.

Sec. 2. The land referred to in the first section contains approxi-
mately 11 acres lying and being in lot 1, section 36, township 1
south, range 22 west, Tallahassee meridian, Okaloosa County, Flor-
ida. Beginning at a point which is on the east line of said section 36,
1,883 feet south of the northeast corner of said section, thence south
55 degrees west 800 feet; thence north 35 degrees west 600 feet;
thence north 55 degrees east 800 feet; thence south 35 degrees east
600 feet to the point of beginning.

Sec. 3. The conveyance authorized by this Act, shall be condi-
tional upon the State Board of Education of the State of Florida,
paying to the Secretary of the Air Force, as consideration for the
tract of land conveyed under the provisions of this Act, an amount
equal to 50 per centum of its fair market value as determined by the
Secretary of the Air Force after appraisal of such tract.

Sec. 4. The cost of any surveys and appraisals necessary as an
incident to the conveyance authorized herein shall be borne by the
State Board of Education of the State of Florida.

Sec. 5. All mineral rights, including gas and oil, in the lands
authorized to be conveyed by this Act shall be reserved to the
United States.

Approved August 28, 1958.

86th Congress

P.L. 323—73 Stat. 594-4

To direct the Secretary of the Army to conrey the Army and Navy General
Hospital, Hot Springs National Park, Arkansas, to the State of Arkansas,
and for other purposes.

Be.it" eriacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Sec-
retary of the Army is authorized and directed to convey to the State
of Arkansas by quitclaim deed, without consideration and without
regard to the provisions of section 2662 of title 10 of the United
States Code, but subject to the conditions, limitations, and reserva-
tions hereinafter set forth, all right, title, and interest of the United
States in and to approximately twenty-one acres, more or less, of
land located at Hot Springs National Park, Arkansas, which com-
prise a part of the reservation presently occupied by the Army and
Navy General Hospital, together with all buildings and improve-
ments situated thereon and all appurtenances and utilities belonging
or appertaining thereto.

(b) The conveyance authorized by this Act may not include any
part of that portion of the Hot Springs National Park, comprising
approximately three and one-half acres hereinafter described by
metes and bounds, presently occupied in part by the National Park
Service, or any building, improvement, appurtenance, or utility

568

appertaining thereto, or any personal property situated thereon.
Such buildings, improvements, appurtenances, and utilities are
hereby transferred to the Department of the Interior. . . .

Sec. 2. The deed of conveyance executed pursuant to this Act shall
expressly reserve to the United States (a) all mineral rights in the
land so conveyed, and (b) full title to all thermal waters on and
under such land. The Secretary of the Interior is authorized to
grant to the State of Arkansas a permit for the use of so much of
such waters as may be required for the use of such land by the State
for the purposes described in section 3 of this Act.

Sec. 3. The deed of conveyance of real property authorized by this
Act shall include the conditions that (a) such property shall be used
by the State of Arkansas as a vocational rehabilitation center or for
other public health or educational purposes, (b) if at any time the
Secretary of the Army determines, upon advice received from the
Secretary of Health, Education, and Welfare, that the property so
conveyed is not used for such purposes, title thereto shall immedi-
ately revert to the United States, and (c) in the event of any such
reversion, title to all improvements made thereon by the State of
Arkansas during its occupancy shall vest in the United States with-
out payment of compensation therefor.

Sec. 4. The deed of conveyance of the real property authorized by
this Act shall include appropriate provisions to insure that (a)
whenever the Congress of the United States declares a state of war
or other national emergency, or the President declares a state of
emergency, and upon the determination by the Secretary of Defense
that the property conveyed under this Act is useful or necessary for
military, air, or naval purposes, or in the interest of national
defense, the United States shall have the right, without obligation to
make payment of any kind, to reenter upon the property and use the
same or any part thereof, including any and all improvements made
thereon by the State of Arkansas, for a period not to exceed the
duration of such state of war or national emergency plus six
months, and (b) upon the termination of such use by the United
States, the property shall be returned to the State of Arkansas, to-
gether with any or all improvements thereon and appurtenances ap-
pertaining thereto.

»**»••»

Approved September 21, 1959.

P.L. 473—74 Stat. 143

To authorize the Secretary of Commerce to resell any two of four Cl-SAY-1
type vessels to the Government of the Republic of China for use In Chinese
trade in Far East and Near East waters exclusively.

Be it enacted by the Senate and House of Representatives of the
United States of America in Conqress assembled, That the Secretary
of Commerce is authorized to sell, within one year after enactment

[Emphasis supplied.]

569

hereof, on an "as is, where is" basis, to the Government of the
Republic of China, any two of the four Cl-SAY-1 vessels,
EMPIRE, ANVIL, EMPIRE BATTLEAX, EMPIRE CUT-
LASS, and EMPIRE SPEARHEAD, subject to the further terms
and provisions of this bill. Such vessels shall be sold only if (i) the
Department of State finds that such sale will contribute to the eco-
nomic development of the Republic of China and will serve the
interests of the United States, (2) the Department of Defense finds
that such sale would be compatible with the interests of the United
States, and (3) the Government of the Republic of China gives
assurances acceptable to the Secretary of Commerce that each vessel
sold under this Act shall (a) remain documented under the laws of
the Republic of China for ten years after such sale, or so long as
there remains due the United States any principal or interest on
account of the sales price, whichever is the longer period, (b) be
used only in trade between Taiwan and ports in the Far East and
ports east of the Suez Canal, and not engage in trade prohibited to
United States flag vessels under Department of Commerce Trans-
portation Orders T-l and T-2 or any modification thereof, and
(c) be returned to the ownership of the United States, upon request
of the Government of the United States, during any national emer-
gency declared by the President of the United States and during
any war in which the United States is participating, the compensa-
tion for the vessel to be the value of the vessel but not exceeding the
statutory sales price of the vessel under the Merchant Ship Sales
Act of 1946 ($1,100,000) depreciated at the rate of 10 per centum
per annum from the date of sale under this Act to the date owner-
ship of the vessel is returned to the United States, or the scrap value
of the vessel, whichever is higher. No downpayment of any part of
the purchase price shall be required at the time of the sale. The sale
price of the vessels shall be the statutory sales price, less payments
heretofor made from 1948 to 1951 on account of the purchase of the
four named vessels, and less depreciation computed at the rate of
Zy2 per centum per annum from the date of default under the origi-
nal contract to the date of sale under this Act. The purchase price
shall be payable in not more than ten equal annual installments with
interest on the unpaid balance at a rate determined by the Secretary
of Commerce after consultation with the National Advisory Council
on International Monetary and Fiscal Problems. The obligation of
the Government of the Republic of China to pay the purchase price
and interest thereon shall be secured \>y a mortgage on the vessel
with terms satisfactory to the Secretary of Commerce. All repairs
and betterments required to fit the vessels for their intended use
shall be done in » shipyard in the United States at the expense of
the purchaser.
Approved May 14, 1960.

[Emphasis supplied.]

570

P.L. 602—74 Stat. 355-6

To authorize the Secretary of the Navy to transfer to the Massachusetts Port
Authority, an instrumentality of the Commonwealth of Massachusetts, cer-
tain lands and improvements thereon comprising a portion of the so-called E
Street Annex, South Boston Annex, Boston Naval Shipyard, in South Boston,
Massachusetts, in exchange for certain other lands.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Navy is authorized to convey to the Massachusetts Port
Authority, an instrumentality of the Commonwealth of Massachu-
setts, subject to the terms and conditions hereinafter in this
Act expressly stated, and to such other terms and conditions as the
said Secretary of the Navy shall deem to be in the public interest,
all the right, title, and interest of the United States in and to that
portion of the property known as E Street Annex, South Boston
Annex, Boston Naval Shipyard, in South Boston, Massachusetts,
including the improvements thereon, and described as follows :
*******

Sec. 2. The conveyance to the Massachusetts Port Authority
authorized by the first section of this Act shall be made subject to
the following express conditions: (a) That the Massachusetts Port
Authority, at its own expense, will preserve and maintain in a con-
dition suitable for, and not inconsistent with, the purposes of the
Authority, the lands and the improvements existing on said property
on the date of enactment of this Act, and those which may be con-
structed thereon after such date of enactment ; (b) that in a time of
war or national emergency the United States shall have the right of
the free and unlimited use of all said property including any
improvements which may be erected by the grantee, but the United
States shall pay a fair rental for any improvements made after the
date of enactment of this Act and shall be responsible during the
period of such use for the entire cost of maintaining said property.

Sec. 3. (a) As a condition of the exchange of land authorized by
this Act the Secretary of the Navy shall require the Massachusetts
Port Authority to pay an amount of money equal to the amount, if
any.) by which the fair market value of the property conveyed by the
United States exceeds the fair market value of the property con-
Navy t0 ^ Unlted States> as determined by the Secretary of the

(b) The Secretary of the Navy is authorized, with respect to any
amount determined by him to be payable to the United States pur-
suant to the provisions of subsection (a), to waive such portion
thereof, but not to exceed 50 per centum, as he deems equitable in
consideration of the rent free use by the Deprtment of tKe Navy in
Port Tuthoritv conveved hereunder by the Massachusetts

Approved July 7, 1960.

[Emphasis supplied.]

571

P.L. 611—74 Stat. 369-71

To provide for the conveyance of certain lands which are a part of the Des
Plaines Public Hunting and Refuge Area and the Joliet Arsenal Military
Reservation, located in Will County, Illinois, to the State of Illinois.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subject
to the provisions of subsections (b), (c), and (d) of this section, and
section 3, the Administrator of General Services is authorized and
directed to convey, by quitclaim deed, to the State of Illinois, for
wildlife conservation or recreational purposes, all right, title, and
interest of the United States in and to the following described lands,
together with all buildings and improvements thereon, situated in
Will County, Illinois:

*******

(b) The conveyance authorized to be made pursuant to subsection
(a) of this section shall be conditional upon the payment by the
State of Illinois to the Administrator of General Services as consid-
eration for such conveyance of the sum of $286,638.

(c) The land authorized to be conveyed pursuant to subsection
(a) of this section shall be conveyed subject to such easements for
railroad rights-of-way as shall, in the determination of the Adminis-
trator of General Services, be necessary or appropriate to provide
railroad service for the purchasers of adjoining tracts of land from
the United States.

(d) The instrument of conveyance authorized by this section shall
expressly require (1) that in the event the property conveyed by
such instrument ceases to be used for wildlife conservation or recrea-
tional purposes, all right, title, and interest therein shall immedi-
ately revert to the United States to be held in the same manner as it
was held prior to such conveyance; and (2) that all oil, gas, and
mineral rights in the property conveyed shall be reserved to the
United States.

(e) The property authorized to be conveyed pursuant to subsec-
tion (a) of this Act has been declared to be surplus to the needs of
the United States.

Sec. 2. (a) Subject to the acquisition by the State of Illinois of
the property described in the first section of this Act, the Secretary
of the Army is authorized and directed, notwithstanding the provi-
sions of section 2662 of title 10 of the United States Code, to convey,
by quitclaim deed, without consideration, to the State of Illinois, for
wildlife conservation or recreational purposes, all right, title, and
interest of the United States in and to an area of approximately
1,230 acres of land now or formerly part of Joliet Arsenal, Will
County, Illinois, lying generally along the southwestern boundary of
the arsenal between the Kankakee River and the Chicago and Alton
Railroad, comprised of approximately 317 acres of land previously
reported by the Department of the Army to the Administrator of
General Services for transfer or disposal as excess real property and

572

approximately 013 acres of adjacent land determined by the Secre-
tary of the Army to be available for nonmilitary purposes.

(b) The instrument of conveyance authorized by this section shall
(1) reserve to the, United States all oil, gas, and mineral rights in
the property; (2) reserve such improvements, rights-of-way, ease-
ments, and other interests as the Secretary of the Army determines
should be retained in the public interest; and (3) contain provisions
expressly requiring that (A) in the event the property conveyed by
such instrument ceases to be used for wildlife conservation or recrea-
tional purposes, all right, title, and interest therein shall immedi-
ately revert to the United States to be held in the same manner as it
was held prior to such conveyance, and (B) whenever the Congress
of the United States declares a state of war or other national emer-
gency, or the President declares a state of emergency, and upon the
determination by the Secretary of Defense that the property con-
veyed under this section is useful or necessary for military, air, or
naval purposes, or in the interest of national defense, the United
States shall have the right, without obligation to make payment of
any kind, to reenter upon the property and use the same or any part
thereof, including all buildings and improvements thereon, for a
period not to exceed the duration of such state of war or national
emergency plus six months, and upon the termination of such use by
the. United States, the propeitv shall be returned to the State of
Illinois, together with all buildings and improvements thereon.

Sec. 3. The authority contained in this Act shall expire one year
from the date of enactment of this Act if the State of Illinois' has
not, during such one year period, made commitments, satisfactory to
the Administrator of General Services, with respect to the acquisi-
tion by such State of the property authorized to be conveyed under
the first section of this Act.

Approved July 12, 1960.

87th Congress

P.L. 328—75 Stat. 688

To create a regional agency by intergovernmental compact for the planning
conservation, utilization, development, management, and control of the water
and related natural resources of the Delaware River Basin, for the improve-
ment of navigation, reduction of flood damage, regulation of water quality,
control of pollution, development of water supply, hydroelectric energy fish
and wildlife habitat and public recreational facilities, and otier p^posi
and defining the functions, powers, and duties of such agency.

ti'1-? 'jZel }y l\e Se"ate nnd Uome °f Representatives of the
United a totes of America m Congress assembUd,

*******

(c) Nothing contained in the Compact shall be deemed to restrict
the executive powers of the President in the event of a national

€ffl€ rffCft Cff,

[Emphasis supplied.]

573

(d) Notwithstanding the provisions of Article 2, section 2.2 of the
Compact, the member of the Commission appointed by the President
of the United States and his alternate shall serve at the pleasure of
the President.

(e) Nothing contained in the Compact shall be construed as
impairing or in any manner affecting the applicability to all Federal
funds budgeted and appropriated for use by the Commission, or
such authority over budgetary and appropriation matters as the
President and Congress may have with respect to agencies in the
Executive Branch of the Federal Government.

(f) Except to the same extent that state bonds are or may con-
tinue to be free or exempt from Federal taxation under the internal
revenue laws of the United States, nothing contained in the Com-
pact shall be construed as freeing or exempting from internal reve-
nue taxation in any manner whatsoever any bonds issued by the
Commission, their transfer, or the income therefrom (including any
profits made on the sale thereon).

*******
Approved September 27, 1961.

P.L. 654—76 Stat. 530

To amend the Act of June 5, 1952, so as to remove certain restrictions on the
real property conveyed to the Territory of Hawaii by the United States
under authority of such Act.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That clause (a) of
section 2 of the Act entitled "An Act to authorize the Secretary of
the Navy to convey to the Territory of Hawaii certain real property
at Kahului, Wailuku, Maui, Territory of Hawaii", approved June 5,
1952 (66 Stat. 128), is amended by striking out "That particular
structures or parcels not suitable for airport purposes may be leased
for other purposes with the consent of the Secretary of the Navy"
and by inserting in lieu thereof the following: "That particular
structures and parcels of land not required or used for airport pur-
poses may be sold, exchanged, or leased by the State of Hawaii with
the consent of the Secretary of the Navy and the Administrator of
the Federal Aviation Agency : Provided further. That the proceeds
from any sale or lease, or the property received in any exchange,
authorized by this section, shall be used for airport pruposes".

Sec. 2. Such Act is further amended by adding at the end thereof
a new section as follows :

"Sec. 3. In order that the State of Hawaii may convey good and
clear title to any parcel of land conveyed by it under the exchange
authority prescribed in clause (a) of section 2 of this Act, the Secre-
tary of the Navy is authorized to relinquish to the State of Hawaii
any right, title, and interest of the United States in and to such
parcel free of any conditions set forth in section 2 on condition that
the State of Hawaii agree, with respect to any lands received by

574

such State in exchange for such parcel, to convey to the United
States rights and interests substantially equal to those held by the
United States in the lands originally conveyed by it to such State
( then a Territory) under this Act, and such other rights and inter-
ests as the Secretary may deem necessary in the public interest."

Sec. 3. The Secretary of the Navy shall execute such conveyance or
other instrument in writing as may be necessary to carry out the
amendment made by the first section of this Act.

Approved September 10, 1962.

P.L. 733—76 Stat. 697

Expressing the determination of the United States with respect to the situa-
tion in Cuba.

Whereas President James Monroe, announcing the Monroe Doctrine
in 1823, declared that the United States would consider any
attempt on the part of European powers "to extend their system
to any portion of this hemisphere as dangerous to our peace and
safety"; and

Whereas in the Rio Treaty of 1947 the parties agreed that ''an
armed attack by any State against an American State shall be
considered as an attack against all the American States, and, con-
sequently, each one of the said contracting parties undertakes to
assist in meeting the attack in the exercise of the inherent right of
individual or collective self-defense recognized by article 51 of the
Charter of the United Nations" ; and

Whereas the Foreign Ministers of the Organization of American
States at Punta del Este in January 1962 declared : "The present
Government of Cuba has identified itself with the principles of
Marxist-Leninist ideology, has established a political, economic,
and social system based on that doctrine, and accepts military
assistance from extracontinental Communist powers, including
even the threat of military intervention in America on the part of
the Soviet Union" ; and

Whereas the international Communist movement has increasingly
extended into Cuba its political, economic, and military sphere of
influence; Now, therefore, be it

Resolved by the Senate and House of Representatives of the
United _ Mates of America in Congress assembled, That the United
states is determined —

(a) to prevent by whatever means may be necessary, includ-
ing the use of arms, the Marxist-Leninist regime in Cuba from
extending, by force or the threat of force, its aggressive or sub-
versive activities to any part of this hemisphere-

(b) to prevent in Cuba the creation or use of an externally
uTted^aSs-anl -urity of t/e

[Emphasis supplied. J

575

(c) to work with the Organization of American States and
with freedom-loving Cubans to support the aspirations of the
Cuban people for self-determination.
Approved October 3, 1962.

P.L. 794^-76 Stat. 877
*******

SEC. 232. SAFEGUARDING NATIONAL SECURITY

(a) No action shall be taken pursuant to section 201(a) or pur-
suant to section 350 of the Tariff Act of 1930 to decrease or elimi-
nate the duty or other import restriction on any article if the Presi-
dent determines that such reduction or elimination would threaten
to impair the national security.

(b) Upon request of the head of any department or agency, upon
application of an interested party, or upon his own motion, the
Director of the Office of Emergency Planning (hereinafter in this
section referred to as the "Director") shall immediately make an
appropriate investigation, in the course of which he shall seek infor-
mation and advice from other appropriate departments and agen-
cies, to determine the effects on the national security of imports of
the article which is the subject of such request, application, or
motion. If, as a result of such investigation, the Director is of the
opinion that the said article is being imported into the United
States in such quantities or under such circumstances as to threaten
to impair the national security, he shall promptly so advise the
President, and unless the President determines that the article is
not being imported into the United States in such quantities or
under such circumstances as to threaten to impair the national secu-
rity as set forth in this section, he shall take such action, and for such
time, as he deems necessary to adjust the imports of such article and
its derivatives so that such imports will not so threaten to impair the
national security.

(c) For the purposes of this section, the Director and the Presi-
dent shall, in the light of the requirements of national security and
without excluding other relevant factors, give consideration to
domestic production needed for projected national defense require-
ments, the capacity of domestic industries to meet such requirements,
existing and anticipated availabilities of the human resources, prod-
ucts, raw materials, and other supplies and services essential to the
national defense, the requirements of growth of such industries and
such supplies and services including the investment, exploration, and
development necessary to assure such growth, and the importation of
goods in terms of their quantities, availabilities, character, and use
as those affect such industries and the capacity of the United States
to meet national security requirements. In the administration of this
section, the Director and the President shall further recognize the

[Emphasis supplied.]

576

close relation of the economic welfare of the Nation to our national
security, and shall take into consideration the impact of foreign
competition on the economic welfare of individual domestic indus-
tries; and any substantial unemployment, decrease in revenues of
government, loss of skills or investment, or other serious effects
resulting from the displacement of any domestic products by exces-
sive imports shall be considered, without excluding other factors, in
determining whether such weakening of our internal economy may
impair the national security.

(d) A report shall be made and published upon the disposition of
each request, application, or motion under subsection (b). The Direc-
tor shall publish procedural regulations to give effect to the author-
ity conferred on him by subsection (b).

*******

Approved Oct. 11, 1962.

88th Congress

P.L,. 228—77 Stat. 470-1

To authorize the Secretary of the Army to convey a certain parcel of land to
the State of Delaware, and for other purposes.

Be it enacted by the, Senate and House of Representatives of the
United States of America in Congress assembled. That the Secretary
of the Army is authorized and directed to sell and convey to the
State of Delaware, by quitclaim deed, all right, title, and interest of
the United States in and to such federally owned lands of the Fort
Miles Military Reservation, Delaware, which are now declared to be
excess to the needs of the United States, excluding, however,
approximately ten acres located within the town of Lewes, Dela-
ware, known as the offpost housing area.

Sec. 2. The conveyance authorized herein shall be upon the follow-
ing terms and conditions :

(a) That portion of the presently excess lands comprising approx-
imately one hundred and fifty-five acres, more or less, which was
ceded to the Federal Government bv the State of Delaware without
cost, shall be conveyed with the improvements thereon to the State
ot Delaware without monetary payment.

(b) Such lands other than described in (a) above, as are pres-
ently excess shall lie conveyed with the improvements thereon to the
htate of Delaware upon payment to the United States by the State
the trZa? ? tl,e,amollnt of money determined by the Secretary of

subjeS ,a°ndr be°n Pa'd ^ United SteteS fOT the -1-^-

^e/cea^' a,ePtoktrd fTW PUrp°SeS' ™* if S»* ^ S
ever cease, title to these lands shall revert to, and become the Dror,

e^vlereon!"'^ Stat0S Which ShM h»™ rigMoTimmeS

577

(d) The State of Delaware shall pay the cost of such surveys as
may be necessary to determine the exact legal description of the real
property to be conveyed.

Sec. 3. The Secretary of the Army shall include in the deed of
conveyance authorized to be made by this Act a provision authoriz-
ing the Secretary of Defense, in any national emergency declared by
the President or the Congress, to enter upon and use without cost to
the United States the lands conveyed by such deed if such lands ar
considered necessary for national defense purposes by the Secretary
of Defense. The Secretary of the Army may also include in the deed
of conveyance such additional reservations and conditions he consid-
ers to be in the public interest.

Approved December 23, 1963.

89th Congress

P.L. 188—79 Stat. 793

To authorize certain construction at military installations, and for other purposes.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled,

TITLE I

Sec. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing, con-
verting, rehabilitating, or installing permanent or temporary public
works, including site preparations, appurtenances, utilities and
equipment for the following projects :

*******

(s) community facilities in the amount of $550,000 for Camp
Smedley D. Butler, Okinawa, that is contained in title II, sec-
tion 201, under the heading "Outside the United States" and
subheading "Marine Corps Facilities" of the Act of November
7,1963 (77 Stat. 315).
(b) Effective fifteen months from the date of enactment of this
Act, all authorizations for construction of family housing which are
contained in this Act or any Act approved prior to August 2, 1964,
are repealed except (1) the authorization for family housing proj-
ects as to which appropriated funds have been obligated for con-
struction contracts or land acquisitions or manufactured structural
component contracts in whole or in part before such date, (2) the
authorization for two hundred family housing units at a classified
location contained in the Act of August 1, 1964 (78 Stat. 341,359),
and the authorization for 180 units at Site 4-S contained in (he Act
of August 1, 1964 (78 Stat. 341, 360).

[Emphasis supplied.]

578

Sec. 607. (a) It is the sense of Congress that all the land compris-
ing the Boiling- Anacostia complex will be required for military pur-
poses within the foreseeable future and should be retained by the
Department of Defense for such use.

(b) Notwithstanding the provisions of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 471 et
seq.), the Housing Act of 1949, as amended (42 U.S.C. 1441 et seq.),
the Act of June 8, 1960 (40 U.S.C. 2662), or any other law, no por-
tion of the Boiling Air Force Base or the Anacostia Naval Air Sta-
tion shall be determined excess to the needs of the holding agency or
transferred, reassigned, or otherwise disposed of by such agency
prior to July 1, 1967.

Sec. 608. (a) All construction under this Act shall be designed
using techniques developed by the Office of Civil Defense to maxi-
mize fallout protection, where such can be done without impairing the
purpose for which the construction is authorized or the effectiveness
of the structure, unless exempted from this requirement under regu-
lations prescribed by the Secretary of Defense or his designee.

(b) The Secretary of Defense shall make appropriate provision
for the utilization of technical design and construction methods in
the preparation of design and construction plans and in construction
under this Act, to assure carrying out the purposes of this section;
and for such purposes expenditures on individual projects shall not
exceed one per centum of the amount authorized for that project.

Sec. 609. Every contract between the Secretary of the Air Force
and the Aerospace Corporation shall prohibit the construction of
any facility or the acquisition of any real property by the Aerospace
Corporation unless such construction or acquisition has first been
authorized to the Air Force by the Congress.

Sec. 610. Except in the case of hospitals authorized for construc-
tion under this or any previous Act, any military hospital hereafter
constructed in the United States or its possessions shall include
facilities for obstetrical care unless sound and specific jutification is
made by the Secretary concerned for omitting such facilities in any
hospital authorized.

•*•«*••

P.L. 257—79 Stat. 982

To authorize certain members of the Armed Forces to accept and wear decora-
tions of certain foreign nations.

Be it enacted oy the Senate and House of Representatives of the
United States of America in Congress assembled, That, subject to
such regulations as may be prescribed by the Secretaries of the
Army, Navy, Air Force, and Treasury, members and former mem-
bers of the Armed Forces of the United States holding any office of
profit or trust under the United States, who have served, subsequent
to February 28, 1961, in Vietnam and such of the waters or lands
adjacent thereto as may be designated by the respective Secretaries,
are authorized, during any period in which members of the Armed

[Emphasis supplied.]

579

Forces of the United States are serving with friendly foreign
forces engaged in an armed conflict in Vietnam against an oppos-
ing armed force in which the United States is not a belligerent
party, or during any period of hostilities in Vietnam in which the
United States may be engaged, and for one year thereafter, to accept
from the Government of the Republic of Vietnam or from the govern-
ment of any other foreign nation whose personnel are serving in Viet-
nam in the cause of the Government of the Republic of Vietnam such
decorations, orders, and emblems as may be tendered them for such
service, and which are conferred by such governments upon members
of their own military forces. For purposes of this Act the consent of
Congress required in accordance with clause 8 of section 9, article I
of the Constitution is hereby granted. Subject to such regulations as
may be prescribed by the Secretary concerned, any such member or
former member holding any office of profit or trust under the United
States is authorized to wear any decoration, order, or emblem
accepted pursuant to authority contained in this Act.
Approved October 19, 1965.

P.L. 568—80 Stat. 739

To authorize certain construction at military installations, and for other purposes.

Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled,

TITLE I

»*«*»*«

Sec. 611. Section 607(b) of Public Law 89-188 is amended by
deleting the words "July 1, 1967" and inserting in lieu thereof the
words "December 31, 1970" and adding at the end thereof "nor shall
any of this land be set aside or committed by the Department of
Defense for use by any other agency of the Federal Government
other than the Department of Defense. However, the Department of
Defense may, if and when directed by the President, enter into a
leasing arrangement with the Federal Aviation Agency for a period
not to extend beyond December 31, 1970, and subject to a one-year
revocation provision whereby the Federal Aviation Agency or its
designee may operate the runways, taxiways, hangars, parking
aprons, and other related facilities at the Boiling- Anacostia complex
for appropriate aviation purposes. The said lease shall not include
facilities which are required for military activities. Such leasing
arrangements shall be reported to the Committees on Armed Serv-
ices of the Senate and the House of Representatives."

*******

[Emphasis supplied.]

580

91st Congress

P.L. 142—83 Stat. 293

• *♦*»*»

Sec. 805. (a) The Secretary of the Army is authorized to convey
by quitclaim deed to the State of Washington all right, title, and
interest of the United States, except as retained in this section, in
and to a certain parcel of land located in the city of Seattle, King
County, Washington, containing fifteen acres, or less, together with
all buildings and improvements thereon, being part of the property
known as the National Guard facility, pier 91, Seattle, Washington,
as shown more particularly on a map on file in the office of the dis-
trict engineer, United States Army Engineer District, Seattle,
Washington.

(b) The conveyance authorized by this section shall be inconsider-
ation of and subject to the following terms and conditions :

(1) The property to be conveyed shall be used primarily as a site
for the construction of a nine-unit or larger National Guard
Armory and related facilities for National Guard training and other
military purposes, and in the event construction of the armory is not
completed within five years from the date of the conveyance, or if,
thereafter, the property conveyed hereby ceases to be used for
National Guard purposes during the period of twenty-five years
from the date of the acceptance of the completed armory, title thereto
shall immediately revert to the United States and all improvements
made by the State of Washington during its occupancy shall vest in
the United States without payment of compensation therefor.

(2) All mineral rights, including gas and oil, in the lands author-
ized to be conveyed by this section shall be reserved to the United
States.

(3) The Secretary of the Army shall reserve from the conveyance
such easements and rights-of-way for roads and utilities as he con-
siders necessary for the operations of the military facilities in the
vicinity.

(4) In time of war or national emergency declared by the Con-
gress, or national emergency declared by the President, and upon a
determination by the Secretary of Defense that the property, or any
part thereof, is useful or necessary for national defense and security,
the Secretary of the Army on behalf of the United States shall have
the right to enter upon and use the property or part thereof, includ-
ing any and all improvements made thereon by the State, for a
period not to exceed the duration of such war or emergency and six
months. Upon termination of such use, the property shall revert to
the State, in equally good condition less wear and tear, together
with all improvements placed thereon by the United States and sub-
ject to the terms, conditions, and limitations on use and disposition
previously imposed. Such use by the United States under this provi-
sion shall be without obligation or payment on the part of the
United States.

[Emphasis supplied.]

581

(5) The Secretary of the Army is also authorized to include in
the conveyance such other terms and conditions as he may deem nec-
essary to protect the interests of the United States.

(c) Notwithstanding the provisions of section 2233 of title 10,
United States Code, the State of Washington shall construct an
armory on the property to be conveyed under this section without
contribution of Federal funds therefore, in lieu of paying monetary
consideration for said conveyance.

(d) The cost of any surveys necessary as an incident of the con-
veyance authorized herein shall be bome by the grantee.

(e) The Secretary of the Army is authorized to determine and
enforce compliance with the conditions, reservations, and restrictions
contained in this section and any relate documents.

Sec. 806. This title may be cited as the "Reserve Forces Facilities
Authorization Act, 1970".
Approved December 5, 1969.

P.L. 202—84 Stat. 20

To authorize the Secretary of the Army to release certain restrictions on a
tract of land heretofore conveyed to the State of Texas in order that such
land may be used for the City of El Paso North-South Freeway.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Army is authorized and directed to release or modify on
behalf of the United States the land use restrictions and reservations
applicable to a tract of land, constituting a portion of a 24.25-acre
parcel of land in El Paso, Texas, heretofore conveyed for National
Guard and military purposes by the United States to the State of
Texas by deed dated November 4, 1954 pursuant to the Act of
August 30, 1954 ( 68 Stat. 974), so that such tract, described in sec-
tion 2 of this Act may be conveyed by the State of Texas to the city
of El Paso as a right-of-way for the construction of the El Paso
North-South Freeway.

Sec. 2. (a) The land referred to in section 1 of this Act is located
in El Paso County, Texas, being 5.975 acres of land, more or less,
out of and a part of section 21, block 81, township 2, Texas and
Pacific Railroad Company Survey, in El Paso County, Texas, and
being a portion of the same land described in a Quitclaim Deed
from the United States of America to State of Texas dated Novem- •
ber 4, 1954, recorded in volume 1206, page 369, deed records of El
Paso County, Texas, said 5.975 acres of land being more particularly
described by metes and bounds as follows :

*******

(b) The above legal description may be modified, as agreed upon
by the Secretary, the State and the city, consistent with any changes
in the right-of-way alinement for the freeway, but in no event shall
the total area of this tract exceed six acres.

Sec. 3. The release and conveyance authorized herein shall be
upon the following terms and conditions :

24-509 O - 73 - 38

582

(a) That the lands described in section 2 above shall be used
only for public highway and related purposes, and if such prop-
erty shall ever cease to be used for such purposes, all rights title,
and interest to such property shall revert to the United States,
which shall have the immediate right to entry thereon.

(b) That the structures and improvements presently located
on, or adversely affected by, the property to be conveyed, shall
be replaced in kind and constructed, at the expense of the city
of El Paso, on the adjacent remaining lands of the State of
Texas: Provided, That the plans for such replacement facilities
shall first be approved by the State and the Secretary of the
Army, and that no structure shall be removed until satisfactory
replacement of the same has been made available.

(c) That the relocated replacement structures and facilities
shall be subject to the same restrictions, use limitations and
reversionary rights of the United States as set forth in the
deed of November 4, 1954, to the State of Texas of the lands
involved herein. .

Sec. 4. The Secretary of the Army is authorized to impose such
additional terms and conditions on the release authorized by this
Act as he deems appropriate to protect the interests of the United
States. All expenses for surveys and the preparation and execution
of legal documents necessary or appropriate to carry out the provi-
sions of this Act shall be borne by the city of El Paso.

Approved March 4, 1970.

92d Congress

P.L. 145—85 Stat. 394

To authorize certain construction at military installations, and for other purposes.

Be it enacted by the Senate and House of Representatives of th»
United States of America in Congress assembled,

TITLE I

Sec. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing, con-
verting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment for the following acquisition and construc-
tion:

• »»»•**

Sec. 708. (a) The Secretary of the Army, or his designee, is
authorized to convey to the State of Texas, subject to such terms
and conditions as the Secretary of the Army, or his designee, may
deem to be in the public interest, all right, title and interest of the
United States, except as retained in this section, in and to a certain

[Emphasis supplied.]

583

parcel of land containing 20 acres, more or less, out of and a part of
section 2, block 81, township 2, Texas and Pacific Railroad Company
Survey, El Paso County, Texas, within the Castner Range area of
the Fort Bliss Military Reservation, being more particularly
described as follows :

• •***«*
(b) In consideration for the conveyance by the United States of
the property described in subsection (a), the State of Texas shall
convey to the United States a parcel of land containing 18.3106
acres, more or less, out of and part of section 21, block 81, township
2, El Paso County, Texas, said parcel being a portion of a 24.25-acre
parcel of land heretofore conveyed by the United States to the State
of Texas for National Guard and military use by deed dated Novem-
ber 4, 1954, pursuant to the Act of August 30, 1954 (68 Stat. 974) , said
18.3106-acre parcel being more particularly described as follows :

CITATION OF STATUTES IN ACCORDANCE WITH
COMMITTEE JURISDICTION

7 U.S.C.

1158, 1332, 1371, 1743, 1903

A«MBn Services

10 U.S.C. 123, 125, 142, 143, 262, 263 note, 269, 271, 331, 332, 333, 334,

351, 511, 519, 671a, 671b, 672, 673, 674, 675, 679, 681, 687,
712, 802 Art. 2, 843, 871 Art. 71, 1035, 1161, 2231, 2233,
2235, 2236, 2304, 2602, 2604, 2631, 2632, 2663, 2664, 2667,
2674 note, 2733, 2734, 3031, 3034, 3062, 3063, 3201, 3202,
3212, 3254, 3313, 3444, 3445, 3450, 3741, 3742, 3746, 3750,
3815, 4025, 4141, 4501, 4502, 4742, 4776, 4780, 5081, 5201,
5231, 5232, 5234, 5402, 5447, 5448, 5449, 5450, 5451, 5457,
5538, 5597, 5599, 5662, 5701, 5711, 5785, 5787, 5789,
5982, 6241, 6242, 6244, 6246, 6296, 6386, 6408, 6481, 6482,
6485, 6486, 6487, 6911, 7224, 7722, 7724, 7727, 8031, 8034,
8202, 8212, 8254, 8257, 8313, 8395, 8444, 8445, 8450, 8741,
8742, 8746, 8750, 8815, 9022, 9025, 9441, 9501, 9502, 9591,
9742, 9773, 9776, 9780

14 U.S.C.
16 U.S.C.

31 U.S.C.

32 U.S.C.

33 U.S.C.
37 U.S.C.
50 U.S.C.

3, 214, 275, 331, 359, 367, 371, 491, 493, 652, 778

440

104,302,310,715

854a-l,855

202,310,407,427,901

82, 98d, 451-462, 1511-1513, 1515-1518

785, 1211-1224, 1744, 1878e, s, w, 2293

50 U.S.C. App.

NONCODHTED

43 Stat.

46 Stat.

47 Stat.

959, 984, 1129

332,479

1368

(585)

586

49 Stat 1278, 1387, 1535, 1557

50 Stat 696

60 Stat 332

62 Stat 1230

64 Stat 311,591,658

66 Stat 128,727

67 Stat 38,120

68 Stat 51,475,538,975,977

69 Stat 70, 71, 79, 294, 300, 301

70 Stat 18, 21, 156, 296, 537, 551, 577, 590, 698, 793

71 Stat 467, 473, 479, 583, 585

72 Stat 401,404,965

73 Stat 595

74 Stat 356,370

75 Stat 242

77 Stat 470

79 Stat 982

80 Stat 739

83 Stat 319

85 Stat 412

Banking, Housing, and Urban Affairs

12 TJ.S.C 95, 249, 635, 1425, 1703, 1705, 1748b (a)

50 TJ.S.C. App 2093, 2071-2073, 2151-2163, 2166

Commerce

15 TJ.S.C . 76 77

16 TJ.S.C ~~~~™ 824

33 TJ.S.C 853

42 TJ.S.C 210-1, 211, 217, 228c-l

46 U.S.C. 133, 134, 249a, 835, 1132, 1151, 1202, 1241, 1242, 1294, 1402,

1406

la Tr'a'n 308> 606

tnTTc'ri 1,6,1020,1343,1348

^ U". 196, 197, 198

50 TJ.S.C. App 2151-2163

587

NONCODHTED

52 Stat 834

67 Stat 244

68 Stat 586

70 Stat 335

74 Stat 143

District op Columbia

40 U.S.C 71d

NONCODIFIED

71 Stat 47,393

Finance

19 U.S.C- 1318, 1351, 1352, 1862

26 U.S.C 168, 7508

31 U.S.C 203,241

42 U.S.C 1313

50 U.S.C. App 1212 note, 2401-2413

Foreign Relations

22 U.S.C. 401, 441, 444, 447, 450, 451, 461, 464, 1611, 1962, 1963, 1965,
2370, 2410

35 U.S.C 181

41 U.S.C 15

43U.S.C - 1341

50 U.S.C 191, 812, 1435

NON CODIFIED

75 Stat 714

76 Stat. 697

Government Operations

40 U.S.C

41 U.S.C

50 U.S.C. App.

71d, 276a-5, 278b, 314, 484, 534
252

1622

588

NONCODIFIED

68 Stat 172, 981

69 Stat 592

70 Stat.. 337

Interior and Insular Affairs

16TJ.S.C 590p

25 U.S.C 72

43 U.S.C 155, 315q, 616ZZ, 1314

48 U.S.C 455c(b)

50 U.S.C 142, 167c (d)

NONCODIFIED

44 Stat 241, 677

69 Stat 140

The Judiciary

8 U.S.C 1182(a) (22), 1185, 1440, 1440e, 1442, 1481(a) (10)

10 U.S.C 2304

18 U.S.C. 793, 794, 795, 798, 963, 967, 2153, 2154, 2157, 2391, 2511, 3287

22 U.S.C 401

31 U.S.C 203

41 U.S.C 15

50 U.S.C 21, 205, 20C, 207, 208, 212, 223, 403(c), 1431

50 U.S.C. App. 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 19, 32, 38, 40, 2291, 2292,

Labor and Public Welfare

20 U.S.C 795 241-1, 633, 646

^^'f'S 176,178

42 U.S.C 204, 266, 1477, 1541, 1592, 1711, 1712, 2138, 2165, 2201

Post Office and Civil Service

LVy'hC^ 701' 7°2' 3101' 3326> 5305> 5335> 5532> 5564, 8332f

50 U.S.C g32

589

Public Works

16 U.S.C 809, 831d, 831s, 831n-4 (a) , 832g, 833f

42 U.S.C 1575

NONCODIFIED

68 Stat 32

Rules and Administration

2 U.S.C 198

44 U.S.C 1505, 3311

Veterans' Affairs

38 U.S.C 101, 521, 541, 542, 602, 1901

50 U.S.C. App 2005

NONCODIFIED

67 Stat 54

69 Stat 376

71 Stat 517

Joint Committee on Atomic Energy
42 U.S.C 2138,2165,2201

APPENDIX

TABLES

1. Provisions of the United States Code that refer to Truman Emer-
gency Proclamation eo nominee or by date.

a. 5 U.S.C. 3101 note

b. 8U.S.C.1440

c. 16 TJ.S.C. 831d

d. 18 U.S.C. 798, 2157, 2391

e. 31 TJ.S.C. 203

f. 50U.S.C.App.785

2. Provisions of the United States Code that refer to Presidential
declaration or proclamation of national emergency that may be affected
by termination of Truman Emergency Proclamation.

a. 5 U.S.C. 3326, 5305, 5335, 8332

b. 8 U.S.C. 1182(a) (22), 1185, 1481

c. 10 U.S.C. 123, 871, 2304, 2632, 2667, 2733, 3313. 3444, 3445,
3741, 3742, 3746, 4025, 5231, 5232, 5234, 5447, 5448, 5449, 5451, 5597,
5598, 5599, 5662, 5711, 5785, 5787, 6241, 6242, 6386, 6444, 6481, 6487,
7224, 8313, 8444, 8741, 8742, 8746, 9025

d. 12U.S.C.95,95(a),249

e. 14U.S.C.275,367,491,652

f. 18 U.S.C. 2153, 2154

g. 33 U.S.C. 853i

h. 40U.S.C.267a-5,484,534

i. 41 U.S.C. 252

j. 42U.S.C.211,217,1711
k. 45 U.S.C. 228e-l

1. 46 U.S.C. 249a, 835, 1132, 1202, 1241, 1242

m. 50 U.S.C. 191

n. 50U.S.C.App.9,1213

3. Provisions of the United States Code that empower the President
to declare a national emergency (the President alone or the President
or the Congress in the alternative) or refer to a presidentially declared
emergency.

a. 5 U.S.C. 8332

b. 7 U.S.C. 1158, 1743, 1903

c. 8 U.S.C. 1182(a) (22), 1185, 1481

(591)

592

d. 10 U.S.C. 123, 125, 565, 599, 673, 679, 681, 2304, 2632, 2667,
3031, 3202, 3313, 3444, 3445, 4025, 5402, 5597, 5598, 5787, 6481,
6486, 6911, 8031, 8202, 8313, 8444, 8445, 9025, 9441

e. 12U.S.C. 95, 95(a), 249

f. 14 U.S.C. 275, 367, 652

g. 18 U.S.C. 2153, 2154

h. 19U.S.C. 1318

i. 31U.S.C.80a,203
j. 33 U.S.C. 853i, 855
k. 35TJ.S.C.181

1. 40 U.S.C. 278b, 484, 534
m. 41U.S.C.15,252
n. 42 U.S.C. 211, 217
u. 43U.S.C.155,134

p. 46 U.S.C. 249a, 835, 1132, 1202, 1241, 1242
q. 47U.S.C.308.606

r. 50 U.S.C. 98d, 167c, 191, 196, 197, 205, 208, 212, 223, 1431,
14:35 1512 1515
s. 50 U.S.C. App. 5, 9, 1216, 1622, 2291

4. Provisions of the United States Code that provide for a con-
gressional declaration of national emergency (the Congress alone
or the Congress or the President in the alternative) or refer to a con-
gressionally declared emergency.

a. 5 U.S.C. 8332(d), (g).

b. 7 U. S.C. 1903.

c. 10 U.S.C. 123, 142, 269, 511, 519, 563, 599, 671, 679, 681. 687,
2304, 2632, 3034, 3063, 3202, 3313, 3444, 5081, 5201, 5598, 6486,
8031, 8034, 8202, 8257, 8313, 8444, 9441.

d. 14 U.S.C. 275. 371, 652.

e. 15 U.S.C. 831s.

f. 18 U.S.C. 2153.

g. 31 U.S.C. 80a, 80c.

h. 32 U.S.C. Ill, 209. 302.

i. 33 U.S.C. 853i.
j. 37 U.S.C. 427.

k. 40 U.S.C. 278b, 484.

1. 41 U.S.C. 251.

m. 42 U.S.C. 2138.

n. 43 U.S.C. 155, 1341.

o. 46 U.S.C. 249a.

p. 47 U.S.C. 308.

q. 50 U.S.C. 167c, 1435, 1515.

r. 50 U.S.C. App. 1216, 1622, 2291.

5. Provisions of the United States Code that refer to a declaration
of national emergency without reference to any declarant.

a. 5 U.S.C. 3326, 5305, 5532.

b. 7 U.S.C. 1371.

593

c. 10 U.S.C. 262, 674, 712, 2231, 2235, 2236, 4776, 5231, 5232,
5234, 5447, 5448, 5449, 5450, 5451, 5599, 5711, 5785, 5787, 6386,
6482, 6487, 7224, 9022, 9776.

d. 14 U.S.C. 331, 359.

e. 18 U.S.C. 793.

f. 20 U.S.C. 79.

g. 31 U.S.C. 80b.

h. 32 U.S.C. 104.

i. 33 U.S.C. 854a-l.
j. 37 U.S.C. 202, 407.

k. 40 U.S.C. 71d, 276a-5.

1. 42 U.S.C. 204.

m. 45 U.S.C. 228c-l.

n. 46 U.S.C. 361, 1151, 1161, 1402, 1406.

6. Provisions of the United States Code that specify emergency au-
thority applicable in "time of war" or "during a war".

a. 8 U.S.C. 1182(a) (22), 1185, 1481.

b. 10 U.S.C. 143, 262, 351. 506, 511, 519, 565, 599, 671, 802,
843, 871, 1161, 7231, 2542, 2663, 2664, 2733, 3031, 3034, 3063,
3445, 4501, 4742, 4780, 5081, 5201, 5231, 5232, 5402, 5447, 5448,
5449, 5450, 5451, 5599, 5662, 5711, 5785, 5787, 5982, 6386, 6408,
6481. 6+82, 6485. 6486. 6487, 6911, 7224, 7722, 7724, 8031, 8034-
S202, 8257. 8313. 8395, 8445, 9441, 9501, 9742, 9780.

c. 12 U.S.C. 95a, 249

d. 14 U.S.C. 275, 331, 359, 367, 371, 652

e. 15U.S.C.76,77,831s

f. 18 U.S.C. 793, 794, 2153, 2154

g. 31U.S.C.80a,80b,80c,203,241

h. 32 U.S.C. 104, 111, 209, 715

i. 33 U.S.C. 853i,854a-l

i. 37 U.S.C. 202, 407, 427, 901

k. 40U.S.C.71d

1. 41 U.S.C. 15

m. 42 U.S.C. 211, 217, 266

n. 43 U.S.C. 155, 1314, 1341

o. 46 U.S.C. 133-134, 361, 1151, 1161, 1402, 1406

p. 47U.S.C.707

q. 49U.S.C.6,1020,1343

r. 50U.S.C.82,98d

s. 50 U.S.C. App. 3, 4, 5, 7, 9, 11, 12, 19, 32

7. Provisions of the United States Code that refer to a state of war
or war declared by the Congress.

a. 2 U.S.C. 198

b. 14 U.S.C. 3

c. 37 U.S.C. 310

d. 42 U.S.C. 2138

e. 50 U.S.C. 21, 832, 1515

PROCLAMATIONS OF NATIONAL EMERGENCY
STILL IN EFFECT

EXCERPT FROM PUBLIC LAW 1
73d Cong., 1st Sess. (1933)

[CHAPTER 1.]

AN ACT

To provide relief in the existing national emergency in banking, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Con-
gress hereby declares that a serious emergency exists and that it is
imperatively necessary speedily to put into effect remedies of uni-
form national application.

TITLE I

Section 1. The actions, regulations, rules, licenses, orders and proc-
lamations heretofore or hereafter taken, promulgated, made, or issued
by the President of the United States or the Secretary of the Treasury
since March 4, 1933, pursuant to the authority conferred by sub-
division (b) of section 5 of the Act of October 6, 1917, as amended, are
hereby approved and confirmed.

• •**•••

—NOTE—

President Roosevelt had declared the state of emergency
immediately after his inauguration on March 4, 1933. This
act of Congress ratified that decision and promulgations made
thereunder.

PROCLAMATION NUMBER 2914
[Dec. 16, 1950, IS F. B. 9029]
Proclaiming the Existence of a National Emergency
by the president op the united states op america
a proclamation

Whereas, recent events in Korea and elsewhere constitute a grave
threat to the peace of the world and imperil the efforts of this country
and those of the United Nations to prevent aggression and armed
conflict; and

(594)

595

Whereas, world conquest by communist imperialism is the goal of
the forces of aggression that have been loosed upon the world ; and

Whereas, if the goal of communist imperialism were to be achieved,
the people of this country would no longer enjoy the full and rich life
they have with God's help built for themselves and their children ; they
would no longer enjoy the blessings of the freedom of worshipping as
they severally choose, the freedom of reading and listening to what
they choose, the right of free speech including the right to criticize
their Government, the right to choose those who conduct their Gov-
ernment, the right to engage freely in collective bargaining, the right
to engage freely in their own business enterprises, and the many other
freedoms and rights which are a part of our way of life ; and

Whereas, the increasing menace of the forces of communist aggres-
sion requires that the national defense of the United States be strength-
ened as speedily as possible :

Now, therefore, I Harry S. Truman, President of the United
States of America, do proclaim the existence of a national emergency,
which requires that the military, naval, air, and civilian defenses of this
country be strengthened as speedily as possible to the end that we may
be able to repel any and all threats against our national security and
to fulfill our responsibilities in the efforts being made through the
United Nations and otherwise to bring about lasting peace.

I summon all citizens to make a united effort for the security and
well-being of our beloved country and to place its needs foremost in
thought and action that the full moral and material strength of the
Nation may be readied for the dangers which threaten us.

I summon our farmers, our workers in industry, and our business-
men to make a mighty production effort to meet the defense require-
ments of the Nation and to this end to eliminate all waste and ineffi-
ciency and to subordinate all lesser interests to the common good.

I summon every person and every community to make, with a
spirit of neighborliness, whatever sacrifices are necessary for the wel-
fare of the Nation.

I summon all State and local leaders and officials to cooperate fully
with the military and civilian defense agencies of the United States
in the national defense program.

I summon all citizens to be loyal to the principles upon which our
Nation is founded, to keep faith with our friends and allies, and to be
firm in our devotion to the peaceful purposes for which the United
Nations was founded.

I am confident that we will meet the dangers that confront us with
courage and determination, strong in the faith that we can thereby
"secure the Blessings of Liberty to ourselves and our Posterity."

In witness whereof, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.

Done at the City of Washington this 16th day of December (10 :20
a.m.) in the year of our Lord nineteen hundred and fifty, and of the
Independence of the United States of America the one hundred and
seventy-fifth.

[seal]

Harry S. Truman.

By the President :
Dean Acheson.
Secretary of State.

596

PROCLAMATION NUMBER 3972

[Mar. 23, 1970]

Declaring a National Emergency
by the president of the united states of america
a proclamation

Whereas, certain employees of the Postal Service are engaged
in an unlawful work stoppage which has prevented the delivery of
the mails and the discharge of other postal functions in various parts
of the United States; and

Whereas, as a result of such unlawful work stoppage the per-
formance of critical governmental and private functions, such as the
processing of men into the Armed Forces of the United States, the
transmission of tax refunds and the receipt of tax collections, the
transmission of Social Security and welfare payments, and the con-
duct of numerous and important commercial transactions, has wholly
ceased or is seriously impeded ; and

Whereas, the continuance of such work stoppage with its at-
tendant consequences will impair the ability of this Nation to carry
out its obligations abroad, and will cripple or halt the official and
commercial intercourse which is essential to the conduct of its
domestic business:

Now, Therefore, I, Richard Nixon, President of the United States
of America, pursuant to the powers vested in me by the Constitution
and laws of the United States and more particularly by the provisions
of Section 673 of Title 10 of the United States Code, do hereby declare
a state of national emergency, and direct the Secretary of Defense
to take such action as he deems necessary to carry out the provisions of
said Section 673 in order that the laws of the United States pertaining
to the Post Office Department may be executed in accordance with their
terms.

In witness whereof, I have hereunto set my hand this 23d day
of March in the year of our Lord nineteen hundred and seventy, and of
the Independence of the United States of America the one hundred and
ninety-fourth.

Richard Nixon.

— N 0 T E —

Proclamation 3972 is a recent example of a limited national
emergency. Many similar emergencies have taken place in
the past in which proclamations are declared to inform
the public that emergency action to meet that particular
crisis will be taken. As a general practice, these proclamations
have seldom been terminated. Nonetheless, the statutory au-
thority which is triggered by the declaration of a national
emergency is not clearly limited by the language of the decla-
ration. It could be argued that even though a particular pro-
vision is stressed all the other provisions brought into force
by a proclamation of a national emergency could be used.

597

PROCLAMATION NUMBER 4074
[Aug. 15, 1971]

Imposition of Supplemental Duty for Balance op Payments
Purposes

by the president of the united states of america
a proclamation

Whereas, there has been a prolonged decline in the international
monetary reserves of the United States, and our trade and interna-
tional competitive position is seriously threatened and, as a result,
our continued ability to assure our security could be impaired ;

Whereas, the balance of payments position of the United States
requires the imposition of a surcharge on dutiable imports;

Whereas, pursuant to the authority vested in him by the Consti-
tution and the statutes, including, but not limited to, the Tariff Act
of 1930, as amended (hereinafter referred to as "the Tariff Act"),
and the Trade Expansion Act of 1962 (hereinafter referred to as "the
TEA") , the President entered into, and proclaimed tariff rates under,
trade agreements with foreign countries;

Whereas, under the Tariff Act, the TEA, and other provisions of
law, the President may, at any time, modify or terminate, in whole or
in part, any proclamation made under his authority ;

Now, Therefore, I, Richard Nixon, President of the United States
of America, acting under the authority vested in me by the Constitu-
tion and the statutes, including, but not limited to, the Tariff Act, and
the TEA, respectively, do proclaim as follows:

A. I hereby declare a national emergency during which I call
upon the public and private sector to make the efforts necessary
to strengthen the international economic position of the United
States.

B. (1) I hereby terminate in part for such period as may be
necessary and modify prior Presidential Proclamations which
carry out trade agreements insofar as such proclamations are in-
consistent with, or proclaim duties different from, those made
effective pursuant to the terms of this Proclamation.

(2) Such Proclamations are suspended only insofar as is re-
quired to assess a surcharge in the form of a supplemental duty
amounting to 10 percent ad valorem. Such supplemental duty
shall be imposed on all dutiable articles imported into the customs
territory of the United States from outside thereof, which are
entered, or withdrawn from warehouse, for consumption after
12:01 a.m., August 16, 1971, provided, however, that if the im-
position of an additional duty of 10 percent ad valorem would
cause the total duty or charge payable to exceed the total duty or
charge payable at the rate prescribed in column 2 of the Tariff
Schedules of the United States, then the column 2 rate shall
apply.

SUBJECT INDEX

—A—

Accounts:

of defense contractors 67 Stat. 12a

of disbursing officers 31 U.S.C. 80a, 80b

Agriculture: -rror.

Commodity set-asides " JJ. S. C. 1743

Excess basic commodities 43 U.S.C. 616II

Livestock products 7 U.S.C. 1903

Marketing quotas 7 U.S.C. 1332, 1371

Air Force (see also, Armed Forces) :

Acquisition of buildings 10 U.S.C. 9780

Appointment of Chief of Staff 10 U.S.C. 8034

Aviation cadets: number 10 U.S.C. 8257(d)

Employment of contract surgeons 10 U.S.C. 9022

Enlistment periods 10 U.S.C. 8254(1)

Officers: appointments 10 U.S.C. 8444(a), 8445(a)

Officers : authorized strength 10 U.S.C. 8202, 8212

Officers : promotion, retirement, separation 10 U.S.C. 687, 8313

Officers : in status of missing 67 Stat. 38

Officers detailed to Department: limit on number 10 U.S.C. 8031

Officers detailed to Department : tour of duty 10 U.S.C. 8031

Reserve grades : increases 10 U.S.C. 8212 note

Reserve Officers : appointment 10 U.S.C. 8395

Warrant Officers : promotion, retirement, etc 10 U.S.C. 8445

Air Force, Department of the :

Hours of labor for laborers and mechanics 10 U.S.C. 9025

Officers assigned to : number 10 U.S.C. 8031

Officers assigned to: tour of duty 10 U.S.C. 8031

Airbases, acquisition and construction 10 U.S.C. 9773, 9776

Aircraft, arming of 10 U.S.C. 351

Airports ; disposed of as surplus, repossession by Government 50 U.S.C.

App. 1622(g)

Alien Enemies :

Officers, directors, and stockbrokers of corporations in the

United States 50 U.S.C. App. 7

Property owned by 50 U.S.C. App. 9, 12, 32, 40

Restraint, regulation, and removal 50 U.S.C. 21

American National Red Cross 10 U.S.C. 2602: 22 U.S.C. 444

Anaetasia Island, Fla. : repossession of certain land 45 Stat. 959. 70 Stat. 335

Arlington County, Va. : repossession of certain land 47 Stat. 1368

Armed Forces :

Active duty service 10 U.S.C. 671a, 671b, 673

Appointments to Joint Chiefs of Staff— 10 U.S.C. 142, 143, 3034, 5081, 8034

Appointments to temporary commissioned graded 10 U.S.C. 3444

Authorized strength 10 U.S.C. 3201 note

Claims against the United States arising from activities of 10 U.S.C. 2733.

2734 ; 31 U.S.C. 241

Details to foreign governments 10 U.S.C. 712

Dislocation allowances 10 U.S.C. 253, 407

Enlistment periods 10 U.S.C. 263 note, 506, 519

Family separation allowances 37 U.S.C. 427

Functions, powers, and duties, etc 10 U.S.C. 125

(598)

599

Officers: promotion, retirement, separation 10 U.S.O. 1161, 3445

Military Justice: court martial, statute of limitations 10 U.S.C. 802, 843

Ready Reserves : program of continuous screening 10 U.S.C. 271

Reserve commissioned officers : suspension of certain laws— 10 U.S.C. 123

Reserve components : compensation or pension pay 69 Stat. 300 301

Reserve components: enlistment periods 10 U.S.C 511

Reserve components : facilities 10 U.S.C. 2231, 2233, 2236

Reserve components: order to active duty 10 U.S.C. 672

Reserve components : purpose ™JT" 10 U.S.C. 262

Reserve components: release from active duty 10 U.S.C. 681, 687

Reserve components: transfer to Standby Reserves 10 U.S.C. 269

Reservists active duty agreements 10 U.S.C. 679

Retired members : appointment to the Department of Defense.. 5 U.S.C. 3326

Retired officers : reduction in pay 5 U.S.C. 5532

Retired reserves : order to active duty 10 U.S.C. 672 ( a ) , 675

Savings deposits of members 10 U.S.C. 1035

Sentence of dismissal commuted to reduction in grade 10 U.S.C. 871

Special or extraordinary pay 37 U.S.C. 310, 001

Standby Reserves : order to active duty 10 U.S.C. 674

Use of defense facilities 10 U.S.C. 2235

Warrant officers : promotion, retirement, separation.. 10 U.S.C. 565, 599, 6408

Arms and munitions of war shipped out of the country : seizure 22 U.S.C. 401

Army (see also Armed Forces) :

Appointment of Chief of Staff 10 U.S.C. 3034

Aviation cadets : number , 10 U.S.C. 8257 (d)

Basic branches: discontinuance or consolidation 10 U.S.C. 3063(a)

Enlistments on career basis 10 U.S.C. 3815

Officers : promotion, retirement, separation 10 U.S.C. 687. 3313

Officers : in status of missing 67 Stat. 38

Officers detailed to Department: limit on number 10 U.S.C. 3031

Officers in commissioned grades : suspension of laws 10 U.S.C. 3002(d)

Organized peace establishment 10 U.S.C. 3062(d)

Reserve grades: increases 10 U.S<.C. 8212

Warrant officers : promotion, retirement, separation 10 U.S.C. 3450

Army, Department of the :

Hours of labor for laborers and mechanics 10 U.S.C. 4025

Officers assigned to: number 10 U.S.C. 3031

Purchase of supplies and services 16 U.S.C. 832g, 833f

Assignment of Claims Act 31 U.S.C. 203 : 41 U.S.C. 15

Atomic Energy Act : licenses granted 42 U.S.C. 2138

Atomic Energy Commission : employment of personnel : succession
of authority 42 U.S.C. 2165(g). 2201(f)

Austin, Tex., reuse of property in Travis County 66 Stat., 727 ; 69 Stat. 70

Aviation Cadets :

from Regular Air Force 10 U.S.C. 8257(d)

from Regular Navy and Regular Marine Corps 10 U.S.C. 6911 (b)

— B —

Boston, Mass., Army Base, suspension of lease 68 Stat. 538

Boston, Mass., Naval Shipyard, repossession 74 Stat. 356

Boston Neck, Narragansett, R.I., repossession 72 Stat. 404

_C—

Camp Beauregard. La., repossession 70 Stat. 156, as amended ; 71 Stat. 479^

Camp Blanding Military Reservation, Fla., reuse of land conveyed to Armory

Board 68 Stat. 475. 476

Camp Butner Military Reservation, N.C., use 68 Stat. 51

Camp Dodge and Polk County Target Range, Iowa, repossession 69 Stat. 71

Camp Guernsey, Wyo., repossession 69 Stat. 140

Camp Joseph T. Robinson, Ark., reuse 64 Stat. 311

Camp Livingston, La., repossession 70 Stat. 156, as amended ; 71 Stat. 479*

600

Camp Peary, Va.t reuse of property conveyed to state 70 Stat 551 ; 72 Stat. 401

Canal Zone, preservation of certain areas 20 U.S.C. 79

Capitol grounds, exempt from certain redevelopment procedures 40 U.S.C. 71d

Castle Island Terminal Facility, South Boston, reuse 65 Stat. 658

Central Intelligence Agency, contracts for supplies 10U.S.C. 2304;

50U.S-C.403c

Charleston Army Base Terminal, S.C., repossession 49 Stat 1387

Chemical and Biological Warfare program 50 U.S.C. 1511-1518

China, vessels sold to conditionally 74 Stat 143

Citizens :

Assistance to needy citizens returned to United States 42 U.S.C. 1313

Exceptions from alien classification 8 U.S.C. 1442

Expatriation for avoiding military service 8 U.S.C. 1182a,

1185, 1481(a) (10)

Naturalization through active duty service 8 U.S.C. 1440, 1440o

Officers and crews of vessels 46 U.S.C. 1132(h)

Civil Air Patrol, travel expenses and allowances 10 U.SlC. 9441, 9501

Civil and Defense Mobilization Office (see Emergency Planning).
Civil Service:

Annual pay reports and adjustments 5 U.S.C. 530->

Appointment on temporary basis 5 U.S.C. 3101 note

Employment of retired military officers 5 U.S.C. 5532

Periodic step increases 5 U.S.C. 5335

Retirement: credit for military service 5U.S.C. 8332 (f), (g)

Review of agency action 5 U.S.C. 701-702

Sale of household and personal effects of employees 5 U.S.C. 5564

Clackamus County, Oreg., repossession , 70 Stat 793

Coast and Geodetic Survey :

Commissioned officers, promotion 33 U.S.C. 853i

Transfer of vessels, etc 33 U.S.C. 855

Coast Guard :

Appointment of temporary officers 14 U.S.C. 214

Aviation cadets: procurement 14 U.S.C. 371

Enlistment periods 14 U.S.C. 367

Officers: promotion, retirement, separation 14 U.S.C. 275

Purchase contracts by 14 U.S.C. 652

Relation to Navy Department 14 U.S.C. 3

Reserve commissioned officers: suspension of certain laws 14 U.S.C. 778

Retired enlisted men : recall to active duty 14 U.S.C. 359

Retired officers: recall to active duty 14 U.S.C. 331

Commodity set-asides, use for relief 7 U.S.C. 1743

Communications :

Foreign states and governments 50 US.C. App. 3

Priorities 47 U.S.C. 606

Congress, adjournment date 2 U.S.C. 198

Contracts :

Advertising requirements waived 10 U.S.C. 2304 ; 50 U.S.C. 1435

Defense contracts :

Audit of books 67 Stat 120

Authorizations and restrictions 50 U.S.C. 1431

Financing 41 U.S.C. 15

Under Federal Property and Administrative Services Act_ 41 U.S.C. 252

Priorities and allocations of materials 50 U.S.C.

App. 2071-73, 2151-63. 2160 note. 2166(a), (b)

Renegotiation of contracts 50 U.S.C. App. 1211, 1213, 1216

Supplies, etc. for:

Central Intelligence Agency 10 U.S.C. 2304; 50 U.S.C. 403o

Coast Guard 14 U.S.C. 652

Department of the Air Force 10 U.S.C. 2304

Department of the Army 10 U.S.C. 2304 ; 16 U.S.C. 832*. R33f

Department of the Navy 10 U.S.C. 2304

Court proceeding, stays 10 U.S.C. 7722, 7724, 7727

601

Crimes and offenses :

Departure of vessels forbidden in aid ot neutrality 18 U.S.C. 967

Detention of armed vessels 18 U.S.C. 963

Espionage and sabotage 18 U.S.C. 798, 2157, 2391

Gathering or delivering defense information to aid foreign

government 18 U.S.C. 794

Gathering, transmitting, or losing defense information 18 U.S.C. 793

Injury to or defective production of war material 18 U.S.C. 2153, 2154

Interception and disclosure of wire or oral communications 18 U.S.C. 2511

Photographing and sketching defense installations 18 U.S.C. 795

Suspension of Statute of Limitations 18 U.S.C. 3287

Cuba 76 Stat. 697

— D —

Decorations :

Air Force Cross 10 U.S.C. 8742

Airman's Medal 10 U.S.C. 8750

Coast Guard Medal 14 U.S.C. 493

Distinguished Service Cross 10 U.S.C. 3742, 6241

Foreign states and governments 79 Stat. 982

Medal of Honor 10 U.S.C. 3741 ; 8741 ; 14 U.S.C. 491

Merchant Marine Distinguished Service 46 U.S.C. 249a

Navy Cross 10 U.S.C. 6242

Navy and Marine Corps Medal 10 U.S.C. 6246

Silver Star 10 U.S.C. 3746, 6244, 8746

Soldier's Medal 10 U.S.C. 3750

Defense facilities :

For Reserve components 10 U.S.C. 2236

Use of 10 U.S.C. 2235

Defense bousing and public works 42 U.S.C. 1541, 1592, 1592c

Delaware River Basin Compact 75 Stat. 714

Des Plaines Public Hunting and Refuge Area, 111., reposession 74 Stat. 370

Disbursing officers' accounts 31 U.S.C. 80a, 80b

Dismissal sentence commuted to reduction in grade 10 U.S.C. 871

District of Columbia :

Acquisition of buildings in 10 U.S.C. 4780, 9780

Metropolitan Police force, Fire Department, etc., military serv-
ice 71 Stat. 393

Teachers, credit for military service 71 Stat 47

Douglas, Wyo., repossession of portion of former POW camp 70 Stat. 337

Eagle Mountain Lake, Tex., repossession of former Marine Corps Air Station :

71 Stat. 583

Electric energy, prevention of shortage 16 U.S.C. 824a (d)

Electric power, sale by TV A 18 U.S.C. 831n-4a

Emergency planning 50 U.S.C. App. 2291-95, 2297

Esler Field, La., repossession 71 Stat. 479

Espionage, penalties for 18 U.S.C. 798, 2157,2393

Ethan Allen Air Force Base, Vt, repossession 70 Stat 537

Expatriation of citizens avoiding military service 8 U.S.C. 1182a ( 22),

1185, 1481(a) (10)

Experts and consultants : employment of 50 U.S.C. App. 2071-73,

2151-63, 2160 note, 2166(a) (b)

Export Administration Act 50 U.S.C. App. 2401-13

Exportation of gold or silver 60 U.S.C. App. 14

Export-Import Bank of Washington 12 U.S.C. 635

— F—

Factories :

manufacture of products at private plants 10 U.S.C. 4501(a), (c), (d) ;

4602(b) ; 9501(a), (c), (d); 9502(b)

production of fertilizers and power 16 U.S.C. 831d, 831s

Federal Aviation Administration 49 U.S.C. 1343, 1348

Federal Communications Commission, radio station permits 47 U.S.C. 308

602

Federal Maritime Board :

Construction-differential subsidies 46 U.S.C. 1151(a)

Terminate charters of vessels 46 U.S.C. 1202, 1242

Transfer of American vessels to foreign registry— 46 U.S.G. 835

Federal Power Commission, electric power shortage 16 U.S.C. 824

Federal Property and Administrative Services, contracts 41 TJ.S.C. 252

Federal Register, documents for publication In 44 TJ.S.C. 1505

Federal Reserve System, foreign transactions by member banks — 12 U.S.C. 95,

95a;50U.S.C.App.5
Federal Water Power Act, requisitioning of nitrate plants

licensed under 16 U.S.C. 809

Feed and Forage Act 41 TJ.S.C. 11

Fishing industry, subsidies for construction of vessels 46 TJ.S.C. 1406

Fleet Marine Corps Reserves :

Call to active duty 10 TJ.S.C. 6485(a)

Release from active duty 10 U.S.C. 6486

Fleet Reserves :

Call to active duty 10 TJ.S.C. 6485(a)

Release from active duty 10 TJ.S.C. 6486

Florida Board of Education, repossession of certain land 72 Stat. 965

Foreign exchange, regulation of transactions 50 TJ.S.C. App, 5

Foreign governments, detail of military personnel to 10 TJ.S.C. 712

Fort Bliss, Tex., reuse 68 Stat. 975; 85 Stat 412

Fort Devens, Mass., repossession 69 Stat. 294

Fort McHenry, Md., closing of 16 U.8.C. 440

Fort Miles Military Reservation, Del 77 Stat 470

Fort Morgan, Ala., reentry 60 Stat 332

Fort Proble, Me., repossession 71 Stat 467

Fort Schuyler, N.T., repossession 50 Stat 696 ; 64 Stat 591 ; 71 Stat 585

Forts, erection on private land 10 TJ.S.C. 4776

General Services Administration :

Acquisition of real property by 40 U.S.C. 534

Disposal of surplus property 40 U.S.C. 484(e) (3)

Great Plains Conservation Program, termination of modification
of agreements 16 U.S.C. 590p

— H—

Hawaii :

Repossession of certain land 49 Stat 1535

Reuse of Naval Air Station 66 Stat 128

Helium, licenses for sale, etc 50 U.S.C 167o

Hoboken Manufacturer's Railroad 43 Stat 984

Hoboken Pier Terminals, N.J., reuse 52 Stat 834

Hog Island, Pa., repossession of land conveyed to Philadelphia 68 Stat 586

Hospitals, construction 12 U.S.C. 1703(b) ; 42 U.S.C. 1592c note

Hot Springs National Park, Ark., repossession of property 73 Stat 595

Housing :

Insurance of certain mortgages 12 TJ.S.C. 1748b (a)

Insurance of financial institutions making loans— 12 U.S.C. 1703(b), 1705;

42 U.S.C. 1592c note

Leasing of facilities 10 U.S.C. 2674 note

Houston, Tex. :

Repossession of certain land conveyed to city 68 Stat 977

Repossession of land In Harris County conveyed to state 70 Stat 18

Howard University, District of Columbia, repossession of certain land 42

U.S.C. 1575

— I—

Imports :

Modification of restrictions on 76 Stat 877; 19 U.S.C. 1351

Prevention of unfair methods of competition 15 U.S.C. 76, 77

Prohibitions on 50 U.S.C. App. 11

Report on investigations by Director of Office of Emergency
Preparedness 19U.S.C. 1862

603

Indian tribes, abrogation of treaties 25 U.S.C. 72

Industrial Mobilization 10 U.S.C. 9502

Insurance :

Licensure of companies dealing in 50 U.S.C. App. 4

of certain mortgages under the Housing Act 12 U.S.C. 1748b(a)

of financial institutions making loans under Housing Act— 12 U.S.C. 1703

(b) , 1705 ; 42 U.S.C. 1592c note

of Waterborne commerce, etc 46 U.S.C. 1294

Insurrection :

Confiscation of property employed to aid 50 U.S.C. 212

Federal aid for State governments 10 U.S.C. 331

Forfeiture of vessels owned by citizens 50 U.S.C. 223

Suspension of commercial intercourse with a State in 50 U.S.C. 205-208

Use of militia and armed forces 10 U.S.C. 332-334

Internal Revenue :

Adjusted basis for emergency facilities 26 U.S.C. 168

Postponement of time for performing certain acts 26 U.S.C. 7508

Internal security emergency 50 U.S.C. 812

Interstate commerce, preferences and priorities 67 Stat 244 ; 49 U.S.C. 1, 6;

1020 note

— J—

Jackson Barracks, La., repossession 69 Stat. 79

Johnson City, Tenn., repossession 67 Stat. 54

Joliet Arsenal, 111., repossession 74 Stat. 370

— K—

Klamath County, Oreg., repossession of certain land 68 Stat 981

LaCrosse National Guard Target Range, Wise, repossession 70 Stat 577

Labor:

Appointment of board of inquiry by the President 29 U.S.C. 176

Hours of labor for certain persons employed by the Air Force — 10 U.S.C.

9025

Hours of labor for certain persons employed by the Army — 10U.S.C. 4025

Strikes subject to injunction 29 U.S.C. 178

Wages of laborers and mechanics employed on public buildings — 40 U.S.C.

276a-5

Acquisition of buildings in the District of Columbia 10 U.S.C. 4780, 9780

Boston Army Base : suspension 68 Stat. 538

of Housing facilities 10 U.S.C. 2674 note

under Outer Continental Shelf Lands Act: suspension— 43 U.S.C. 1341(c)

Rental on buildings leased to Government 40 U.S.C. 278b

Revocable 10 U.S.C. 2667

Lee Boulevard, repossession of certain land 47 Stat. 1368

Licenses under Atomic Energy Act 42 U.S.C. 2138

Little Rock, Ark., property conveyed to city 49 Stat. 1292

Livestock products, procurement of 7 U.S.C. 1903

—Si-
Marine Corps (see also Armed Forces) :

Appointments 10 U.S.C. 5201, 5597

Authorized strength J,0„^,S£„5?^

Aviation cadets: number 10 U.S.C. 6911(b)

Brigadier generals: number designated for supply duty— 10 U.S.C. 5448(f)

Enlisted men (retired) : order to active duty 10 U.S.C. 6482

Enlistments extended i°„^S;9-f, ?

Major Generals and Brigadier Generals; number 10 U.S.C. 5448(a)

604

Marine Corps — Continued

Officers : appointments to higher commands 10 U.S.C. 5232

Officers: detail for supply duty 10 U.S.C. 5448(f)

Officers: distribution in grades 10 U.S.C. 5234, 5451. 5451(b)

Officers : promotion, retirement, separation 10 U.S.C. 5785,5787, 6386(c)

Officers (retired) : recall to active duty 10 U.S.C. 6481

Selection boards, etc 10 U.S.C. 5711

Warrant officers, dismissal 10 U.S.C. 6408

Marine Corps Reserve: appointment 10 U.S.C. 5598

Marian County, Ind., repossession of certain land 68 Stat. 172(2), 173(2)

Maritime Commission. (See Federal Maritime Board.)

Marketing quotas 7 U.S.C. 1332, 1371

Massachusetts Port Authority, repossession of Boston Naval Shipyard.- 74 Stat.

356(2)

Military and Foreign Assistance :

Middle East 22 U.S.C. 1962, 1965

Prohibition against furnishing 22 U.S.C. 2370

Sale of supersonic planes to Israel 22 U.S.C. 2410

United Nations Emergency Force 22 U.S.C. 1963

Military Department : transportation of employees 10 U.S.C. 2632

Military installations : photographing and sketching 18 U.S.C. 795 ;

50 U.S.C. App. 785

Missing Persons Act : Army and Air Force Officers in status of missing 67

Stat. 38

Montgomery, W. Va., reuse of land granted to city - 70 Stat. 590

Mortgages: insurance 12 U.S.C. 1705, 1748b(a)

— N —

National Defense Production Act 50 U.S.C. App. 2071-73, 2151-63,

2160 note, 2166(a), (b)

National Guard :

Call to Federal service 10 U.S.C. 3500

Claims of members against the United States 32 U.S.C. 715

Enlistment periods 10 U.S.C. 263 note; 32 U.S.C. 302

Officers : promotion, retirement, separation 32 U.S.C. Ill

Organization and composition of the Army National Guard— 32 U.S.C. 104
National Housing Act: insurance of financial institutions.. 42 U.S.C. 1592c note

National Industrial Reserve Act 50 U.S.C. 451-462

National Oceanic and Atmospheric Administration: appointment and

advancement of officers 33 U.S.C. 854a-l

National Security Agency: personnel security procedures 50 U.S.C. 832

Natural resources: lands and navigable waters 43 U.S.C. 1314

Naval Air Station, Kahului, Wailuku, Maui, Hawaii, reuse 66 Stat- 128

Naval Reserve: appointments 10 U.S.C. 5598

Naval vessels. (See Vessels.)
Navy (see also Armed Forces).

Administrative examination of accounts of expenditures 31 U.S.C. 80c

Admirals and vice admirals: number 10 U.S.C. 5231

Appointments 10~ U.S.C. 5081*. 5597

Aviation cadets; numbers 10 U.S.C. 6911(b)

Detail of retired officers to command 10 U.S.C. 5982

Enlisted men (on furlough) : recall to active duty 10 U.S.c! 6296

Enlisted men (retired) : order to active duty 10 U.S.C. 6482

Enlistments extended 10 U.S.C. 5538

Medical Corps: increase in number of appointments 10 USC 5599

Officers: distribution in grades 10 U.S.C. 5234, 5451, 8444(a)

Officers: promotion, retirement, separation., 10 U.S.C. 5785, 5787, 6386(c)

Officers (retired) : order to active duty * 10 U.S.C. 6481

Rear admirals: number in certain corps _~ 10 U.S C 5449(a)

Rear admirals: number in the line " 10 U SC 5447(c)

Rear admirals: pay 10 U.S.C. 6487 ; 37 U.S.C 202

Rear admirals and above (retired) : number on active duty 10 U S C 5450

Running mates 10 UiS;c; ^

Selection boards, etc 10 jj.s C 5711

Warrant officers: dismissal " io u!s!c 6408

605

Neutrality :

American Red Cross vessels 22 U.S.C. 444

Detention of vessels by Collector of Customs 22 U.S.C. 464

Enforcement of provisions related to 22 U.S.C. 461

Financial transactions 22 U.S.C. 447

Proclamation of a state of war between foreign states 22 U.S.C. 441

Restrictions on use of American ports 22 U.S.C. 450

Submarines and armed merchant vessels 22 U.S.C. 451

New Orleans Naval Station, revocation of lease of drydock 46 Stat. 332

Nitrates, etc., requisitioning of projects for manufacture of 16 U.S.C. 809

Officer Grade Limitation Act of 1954 10 U.S.C. 4151(b)

Officer Personnel Act of 1947 10 U.S.C. 4151(b)

O'Reilly General Hospital, Springfield, Mo., repossession of portion 69 Stat. 592

Outer Continental Shelf Lands Act, leases under 43 U.S.C. 1341(c)

— P—

Patents and inventions 35 U.S.C. 181 ; 50 U.S.C. App. 10

Photographing and sketching military installations 18 U.S.C. 795 ; 50 U.S.C.

App. 785

Port Newark Army Base, N.J., repossession 49 Stat. 1557, 70 Stat. 21

Port of New York Authority, use of Hoboken Railroad 43 Stat. 984

Presidio of San Francisco, repossession „ „ 43 Stat. 1129

Priorities and allocations of materials 50 U.S.C. App. 2071-73, 2151-63,

2160 note, 2166 (a), (b)

Prisoners of war 50 U.S.C. App. 2005

Public Documents listed in the Federal Register 44 U.S.C. 1505

Public Health Service :

Commissioned officer: promotion 42 U.S.C. 211 (k)

Composition 42 U.S.C. 204

Officers : annual leave restrictions 42 U.S.C. 210-1

Special Quarantine Powers 42 U.S.C. 266

Use of 42 U.S.C. 217

Public lands : withdrawals for defense purposes 43 U.S.C. 155

Public records at military installations: destruction— 44 U.S.C. 3311

Public utilities: proceeds from overseas operations 10 U.S.C. 9591

— R—

Radio stations :

Permits to construct 47 U.S.C. 308

Suspension of certain rules , , 47 U.S.C. 606(c)

Railroad Retirement Act : eligibility and computations* 45 U.S.C. 228C-1

Ready Reserves : order to active duty 10 U.S.C. 263 note

Real property: acquisition by General Services Administration 40 U.S.C.

534

Red Cross, use of 10 U.S.C. 2602

Relief :

to citizens returned to the United States on account of war 42 U.S.C.

1313

Free importation of food, clothing, etc 19-U.S.C. 1318

Shipment of supplies to countries with which the United

States was formerly at war : 50 U.S.C. App. 38

Renegotiation of contracts 50 U.S.C. 1211, 1213, 1216

Rents on buildings leased to Government 40 U.S.C. 278b

Requisitioning:

of Foreign flag vessels 50 U.S.C. 196-8

of Plants for manufacture of nitrates 16 U.S.C. 809

of Plants for war production 10 U.S.C. 4501 (a), (c), (d), 4502(b),

9501 (a), (c), (d), 9502(b)
of Property upon filing petition for condemnation* 10 U.S.C. 2663, 2664

606

— S—

Sabotage, penalties for 18 U.S.C. 798, 2157, 2391

San Antonio, Tex., repossession of land in Bexar County 70 Stat. 698

San Antonio, Tex., repossession of property conveyed to State 68 Stat. 977

Sante Fe, N.M., repossession of certain land 70 Stat. 296

Santa Rosa Island, Fla., repossession of property conveyed to Okaloosa County

62 Stat 1230

Savings and Loan Association : liquidity requirements 12 U.S.C. 1425a

Schools : disaster assistance 20 U.S.C. 241-1, 646

Seattle, Wash., National Guard facility 83 Stat. 319

Security measures :

Restricts on photographing certain properties 18 U.S.C. 795 :

50 U.S.C. App. 785

Patents and inventions 35 U.S.C. 181 ; 50 U.S.C. App. 10

Small Business Enterprises 50 U.S.C. App. 2071-73, 2151-63. 2160 note

2166 (a), (b)

Squantum, Mass., revocation of lease of naval destroyer, etc 46 Stat. 479

State National Guard: Call to Federal service 10 U.S.C. 332, 333, 3500

Stockpiling Act 50 U.S.C. 98d

Strategic and critical materials :

Purchase 50 U.S.C. App. 2093

Use 50 U.S.C. 98d

Sugar, suspension of quotas 7 U.S.C. 1158

Supplies and services, contracts for 10 U.S.C. 2304

Surplus property: disposal 40 U.S.C. 484(e)(3)

— T—

Tariff Act of 1930 ; imports 76 Stat. 877 ; 19 U.S.C. 1318

TVA : sale of electric power 16 U.S.C. 831n-4a

Transportation :

of Military Department employees 10 U.S.f*. 2632

of Naval vessels 10 U.S.C. 7224

Possession and control of transport systems 10 U.S.C. 4742, 9742

Preferences and priorities 67 Stat 244 ; 49 U.S.C. 1, 1020 note

Travel expenses of Civil Air Patrol 10 U.S.C. 9501(c)

Trading With the Enemy Act :

Appointment of Alien Property Custodian 50 U.S.C. App. 0

Control of communications 50 U.S.C. App. 3

Exportation of gold and silver 50 U.S.C. App. 14

Importations prohibited 50 U.S.C. App. 11

Licensure of insurance companies 50 U.S.C. App. 4

Patents, trademarks, copyrights 50 U.S.C. App. 10

Print, newspaper or publication in foreign languages 50 U.S.C. App. 1&

Property transferred to Alien Property Custodian 50 U.S.C. App. 9,

12. 32, 40

Regulation of Corporations in the United States 50 U.S.C. App. 7

Regulation of foreign exchange transactions 50 U.S.C. App. 5

Shipment of relief supplies 50 U.S.C. App. 38

Suspension of limitations on contracts and obligations 50 U.S.C. App. 8

Tucson, Ariz., repossession of land 44 Stat. 241

— U—

Unemployment compensation under Veterans Readjustment Act 69 Stat. 376

United Seamen's Service : cooperation and assistance 10 U.S.C. 2604

United Nations Emergency Force, assistance to 22 U.S.C. 1963

— V—

Vessels :

Arming of 10 U.S.C. 351

Charters terminated 46 U.S.C. 1202, 1242

Citizenship of officers and crew 33 U.S.C. 855, 46 U.S.C. 1132(h)

Construction differentials 46 U.S.C. 1151(a)

Detention by Collector of Customs 22 U.S.C. 464

607

Fishing and commercial vessels : subsidies 46 U.S.C. 1402, 1406, 1161

Foreign flag vessels 50 U.S.C. 191, 196-8

Hospital ships, designation of 46 U.S.C. 133, 134

Loan of vessels to foreign states and governments 50 U.S.C. App. 1878e,

1878s, 1878vv

Naval : transportation on 10 U.S.C. 7224

Procurement of 50 U.S.C. 82

Sale to China : conditions 74 Stat. 143

Sale of surplus vessels 50 U.S.C. App. 1744

Transfer to foreign registry 46 U.S.C. 835

Use of ports and territorial waters by foreign vessels 22 U.S.C. 451

Waterborne cargoes on U.S.-flag vessels 4G U.S.C. 1241

Veterans' Center, Los Angeles, Calif., repossession 71 Stat. 517

Veterans :

Definitions 38 U.S.C. 101

Non-service connected disability benefits 38 U.S.C. 521

Preferences 42 U.S.C. 1477

— W—

War material :

Embargo on 22 U.S.C. 1611

Injury to 18 U.S.C. 2153, 2154

Procurement of 50 U.S.C. 82

Sales to foreign states or governments 40 U.S.C. 314

War risk : compensation for injury or loss resulting from 42 U.S.C. 1711, 1712

War risk insurance on waterborne commerce, etc 46 U.S.C. 1294

Will County, 111., repossession of land conveyed to State 74 Stat. 370

Williamsburg, Va., repossession 70 Stat. 550-1

Windsor Locks, Conn., repossession 68 Stat. 32

Wyoming National Guard Camp, Guernsey repossession 69 Stat. 140

— Y—

York County, Va., repossession 72 Stat. 401

Yuma, Ariz., repossession of land conveyed to city for aviation field— 44 Stat. 677

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Full text of "Senate Report 93-549: Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency; Report of the Special Committee on the Termination of the National Emergency"

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